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PROPOSED 

CHARTER 


FOR  THE 


CITY  OF  STILLWATER 

MINNESOTA 


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Proposed  and  Prepared  by  the 
Board  of  Freeholders 


S.  Blair  McBeath,  Chairman. 
William  H.  Bean,  Secretary. 

J.  D.  Bronson.  Chas.  E.  Mosier. 

E.  D.  Buffington.  M.  L.  Murphy. 

E.  E.  Johnson.  O.  H.  Olsen. 

Gust  Johnson.  Oscar  Ostrom. 

John  Q.  :\Iackintosh.  Robert  Slaughter. 

B.  J.  Merrill.  Prank  T.  Wilson. 

:ank  Withrow. 


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ELECTION  TUESDAY,  JULY  20,  1915 


STATEMENT  OF  BOARD 
OF  FREEHOLjDERS 


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To  the  Voters  of  Stillwater,  Minne¬ 
sota: 

We  submit  her&flFch  for  your  con¬ 
sideration  a  proposed  charter,  framed 
under  authority'  and  in  conformity 
with  the  constitution  and  laws  of  the 
State  of  Minnesota, 

In  the  preparation  of  the  Charter, 
the  Board  of  Freeholders  has  sought 
information  and  suggestions  from 
many  sources.  Charters  of  othei 
cities  have  been  carefully  examinsd 
and  considered.  The  Board  of  Free¬ 
holders  has  incorporated  in  this  char¬ 
ter  all  the  provisions  which  it  be¬ 
lieved  would  furnish  the  best  charter 
for  bur  city,  and  result  in  the  affairs 
of  the  city  being  conducted  in  an 
efficient  and  economical  manner. 

To  enable  the  voters  to  obtain  a 
comprehensive  view  of  the  prominent 
provisions  of  this  charter,  we  submit 
the  following  brief  outline: 

The  government  of  the  city  is 
delegated  to  a  Council  of  five  citizens, 
the  Mayor  is  the  President  of  the 
Council,  all  are  elected  at  large  by 
the  people,  and  all  serve  without  pay. 
At  the  first  election  the  Mayor  will 
serve  until  January,  1919,  two  Coun- 
cilmen  until  January,  1919,  and  two 
until  January,  1917,  thereafter  the 
Mayor  is  elected  every  four  years, 
and  two  Councilmen  every  two  years. 
In  this  manner  we  insure  a  Council 
at  all  times  familiar  with  the  oper- 
jjlon  of  the  city  government. 
A^MINATIONS  and  EIJ5CTIONS 
Party  politics  are  eliminated.  No 
pafty  designations  will  .  appear  on 
th#  ballot.  Primary  system  main- 
taiyiefi-  'Ward  and  precinct  lines  are 
abolished.  The  city  is  considered  as 
rwhole,  insuring  to  all  parts  of  the 
Fty  equal  representation  and  con- 
Ideration. 

ADMINISTRATION 
The  various  functions  of  the  city 
government  are  under  the  control  and 
jurisdiction  of  the  Mayor  and  Coun¬ 
cil,  who  appoint  the  chief  officials, 
such  as  City  Clerk,  City  Treasurer, 
City  Attorney,  City  Engineer,  on  ac¬ 
count  of  their  fitness,  integrity  and 
ability.  This  plan  is  logical  and  sys¬ 
tematic,  and  allows  the  greatest  lati¬ 
tude  for  the  efficient  discharge  of 
the  duties  of  such  chief  officials  who 
are  responsible  to  the  Mayor  and 
Council,  who  in  turn  are  responsible 
to  the  people. 

ACCOUNTING  AND  FINANCE 
Great  care  has  been  exercised  to 


provide  for  tife  installation  of  the 
best  and  most  modern  business  meth¬ 
ods  of  accounting.  All  of  the  finan¬ 
cial  affairs  of  the  city,  including  the 
School,  the  Water  and  Library  Boards 
are  consolidated  in  an  annual  state¬ 
ment  under  a  system  to  be  planned 
and  audited  each  year  by  the  State 
Public  Examiner  or  an  Expert  Ac¬ 
countant.  The  yearly  report  is  to  be 
published  so  that  the  people  may 
know  each  year  the  exact  financial 
condition  of  the  city.  This  publicity 
will  tend  to  economy  and  insure  an 
accurate  record  of  all  financial  trans¬ 
actions  so  that  the  people  will  know 
from  what  sources  the  city’s  money 
is  received,  and  for  what  purposes  it 
is  paid  out. 

FRANCHISES 

The  city  may,  by  ordinance,  grant 
franchises,  but  not  until  the  franchise 
has  been  submitted  and  approved  by 
the  voters  at  the  polls. 

PUBLIC  WELFARE 

The  charter  empowers  the  Council 
to  create  commissions,  to  serve  with- 
.  out  pay,  for  parks,  playgrounds,  hos- 
ipitals  and  public  charities.  Such 
features  have  been  provided  by  the 
Board  in  the  belief  that  with  the 
future  growth  of  the  city,  the  welfare 
of  the  people  is  as  important  as  the 
care  of  their  property. 

i  H03IE  RULE 

i  The  adoption  of  this  charter  gives 
!  the  people  the  sole  right  to  make 
their  own  laws  for  Stillwater,  subject 
to  the  constitution  and  laws  of  the 
State  of  Minnesota.  Under  the  pres¬ 
ent  charter,  any  change  must  be 
piade  by  the  Legislature,  but  under 
this  proposed  charter  any  change  is 
made  by  a  vote  of  the  people  at  any 
election. 

SAVING  THE  TAXPAYERS  MONEY 

The  adoption  of  this  charter  will 
save  the  present  annual  expense  of 
the  salaries  of  the  Mayor  and  nine 
Aldermen,  amounting  to  $2,550.00 
each  year,  and  dispense  with  the  cost 
of  an  election  for  aldermen  each 
year,  thus  saving  in  ten  years  about 
$30,000.00  on  these  features  alone. 

The  adoption  of  this  charter  by  the 
voters  will  provide  for  Stillwater  an 
adequate,  economical  and  efficient 
form  of  government,  and  one  that 
will  be  responsive  to  every  demand 
of  the  people.  The  adoption  of  this 
charter  will  insure  to  the  city  a  form 
of  government  devised  to  suit  the 
particular  needs  of  a  modern  prog¬ 
ressive  city  like  Stillwater. 

THE  BOARD  OP  FREEHOLDERS. 


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THE  CHARTER  OF  THE  CITY 
OF  vSTILLWATER 


STATE  OF  MINNESOTA 


I 


Article. 

1. 

11. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

"V* 

A.. 

XI. 

XII. 

XIII. 

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XV. 

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XVI. 

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XVII. 

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XVIII. 

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XIX. 

XX. 

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CONTENTS 


Name  and  Boundaries . 

Powers  of  the  City  . 

Elective  Officers:  General  Provisions 

Elections . 

The  Council  . 

The  Mayor  . 

Administration  of  City  Affairs . 

Police  Department . 

'Fire  Department  . 

Taxes  and  Finances . 

Local  Improvements  and  Assessments 

Eminent  Domain . 

Accounts  and  Contracts  . 

Franchises  . . 

Plats,  Streets  and  Highways . . 

Appeals . . . . 

Stillwater  City  School  District . 

Board  of  Water  Commissioners  .... 

Stillwater  Public  Library . 

General  Provisions . 


Section. 

1 

...  4 

.  .  .  81 
...  89 
. ...  118 
. ...  130 
. ...  137 
. . . . 147 
. ...  150 
. ...  163 
.  .  . .202 
. ...  256 
. ...  268 
. . . . 293 
. . . . 308 
. ...  320 
. ...  326 
. .  .  .340 
.  ...  360 
. ...  364 


THE  CHARTER 

OF  THE 

CITY  OF  STILLWATER 
STATE  OF  MINNESOTA 


ARTICLE  I. 

NAME  AND  BOUNDARIES  OF  THE 
CITY  AND  WARDS 

1,  Coiitiniiaiice  of  Corporatiofi. 

—From  and  after  the  taking  effect 
of  this  charter,  all  that  district  of 
country,  in  the  county  of  Washing¬ 
ton,  in  the  State  of  Minnesota,  con¬ 
tained  within  the  limits  and  bound¬ 
aries  hereinafter  described,  shall  con¬ 
tinue  to  be  a  city  by  name  City  of 
Stillwater,  and  all  the  people  now 
inhabiting  and  those  who  shall  here¬ 
after  inhabit  the  same  district  shall 
be  a  municipal  corporation  by  name 
City  of  Stillwater. 

2.  City  Boundary  Line.— The 
territory  included  within  the  follow¬ 
ing  boundaries  and  limits  shall  con¬ 
stitute  the  City  of  Stillwater: — Be¬ 
ginning  at  a  point  in  the  middle  of 
the  river  St.  Croix,  on  the  section  line 
directly  east  of  the  northeast  corner 
of  section  number  twenty-one  (21), 
in  township  number  thirty  (30), 
north  of  range  number  twenty  (20), 
west  of  the  fourth  (4f!i)  principal 
meridian,  thence  west  along  the 
north  line  of  said  section  twenty-one 
(21),  and  the  north  line  of  section 
twenty  (20)  to  the  northeast  corner 
of  the  northwest  quarter  of  said  sec¬ 
tion  twenty  (20),  thence  south  on 
the  line  dividing  the  east  and  west 
halves  of  sections  twenty  (20), 
twenty-nine  (29)  and  thirty-tv/c 

(32) ,  to  the  northeast  corner  of  the 
southwest  quarter  of  said  section 
thirty-two  (32),  thence  east  through 
the  center  of  sections  thirty-three 

(33)  and  thirty-four  (34)'  to  a  point 

in  the  middle  of  lake  or  river  3t. 
Croix,  thence  northerly  up  the  mid¬ 
dle  of  said  river  or  lake,  including 
the  islands  therein  to  the  place  of 
beginning:  And  provided,  that  the 

authorities  of  said  City  may  exercise 
concurrent  jurisdiction  with  the  State 
of  Wisconsin  over  the  said  lake  and 
river,  opposite  said  City,  to  the 
eastern  margin  of  said  river  anc! 
lake:  And  provided  further,  that 

nothing  herein  contained  shall  be 
deemed  to  exclude  any  portion  of  the 
City  of  Stillwater  from  the  limits  of 


Washington  county. 

3.  AVard  Boundaries. — Said  City 
shall  comprise  and  is  hereby  divided 
into  three  wards  as  follows,  to-wit.: 
The  first  ward  shall  comprise  all  that 
part  of  said  City  lying  south  of  a 
line  drawn  as  follows:  Beginning 
at  a  point  on  the  shore  of  Lake  St. 
Croix,  where  the  center  line  of  Nel¬ 
son  street  extended  strikes  said  lake 
shore,  and  running  thence  westerly 
along  said  center  line  of  Nelson 
street  to  the  center  of  Second  street; 
thence  southerly  along  said  center  of 
Second  street  to  th-e  center  of  Pine 
street;  thence  westerly  along  the 
center  line  of  Pine  street,  and  of  Pine 
street  extended,  to  the  western  limits 
of  the  City.  The  second  ward  shall 
comprise  all  that  part  of  said  City 
lying  north  of  the  first  ward,  and 
south  of  the  center  line  of  Mulberry 
street,  and  of  Mulberry  street  ex¬ 
tended,  westerly  to  the  western  limits 
of  the  City.  The  third  ward  shall 
comprise  all  that  part  of  said  City 
lying  north  of  said  second  ward. 

ARTICLE  II. 

POWDERS  OF  THE  CITY 

4.  Powers  and  Authority. — The 
inhabitants  of  the  City  of  Stillwater 
as  its  limits  now  are,  or  hereafter 
may  be,  shall  be  a  municipal  corpor¬ 
ation  by  name  City  of  Stillwater,  and 
as  such,  shall  have  perpetual  succes¬ 
sion,  and  shall  possess  all  powers  and 
authority  in  relation  to  the  form  of 
its  government,  and  to  the  exercise 
of  said  powers  and  authority,  con¬ 
sistent  with  the  constitution  and  laws 
of  the  State  of  Minnesota,  that  now 
are  or  hereafter  may  be  granted  to 
municipalities  of  the  class  to  which 
said  City  now  belongs  or  may  here¬ 
after  belong;  and  all  such  powers 
and  authority,  whether  expressed  or 
implied,  shall  be  exercised  and  en¬ 
forced  in  the  manner  prescribed  by 
this  charter,  or  when  not  herein 
prescribed,  in  such  manner  as  shall 
be  provided  by  ordinances,  resolu¬ 
tions,  regulations,  by-laws,  and  or¬ 
ders,  and  shall  have  the  following 
powers  and  authority: 

5.  In  General. — To  adopt,  retain 
and  use  or  alter  its  present  or  other 
corporate  seal;  sue  and  be  sued; 
plead  and  be  impleaded;  contract 
and  be  contracted  with;  exercise  the 
power  of  eminent  domain  for  its 
corporate  purposes;  acquire,  take, 
hold,  lease,  dispose  of,  ■  and  convey 
all  such  real  and  personal  property 
as  the  purposes  of  the  corporation 
may  require,  or  the  transaction  or 


exigencies  of  the  corporation,  or  the 
welfare  of  its  inhabitants  may  ren¬ 
der  convenient  or  necessary  within 
or  without  its  corporate  limits;  re¬ 
ceive,  take,  hold,  employ,  or  other¬ 
wise  dispose  of  in  trust  for  public 
use  property  of  every  kind  and  na¬ 
ture  Avhatsoever,  whether  the  same 
be  within  or  without  its  corporate 
limits. 

G.  Various. — To  define,  license, 
regulate  and  restrain,  theaters,  halls, 
exhibitions,  shows,  and  public  enter¬ 
tainments  of  all  kinds;  dances  and 
dance  halls;  billiard  and  pool  rooms, 
bowling  alleys  and  other  similar 
places  and  the  proprietors  and  keep¬ 
ers  thereof;  hotels,  boarding-house^, 
and  restaurants;  auctioneers,  and 
public  auctions,  gift,  fire  auction  or 
bankrupt  sale,  pawn  brokers;  in¬ 
telligence  and  employment  offices  and 
agents;  second-hand  stores  and  junk 
shops  and  the  owners  and  managers 
thereof;  hawkers,  transient  ped¬ 
dlers,  transient  merchants,  boat 
agents,  porters,  canvassers,  runners, 
agents  and  solicitors  of  common  car¬ 
riers,  express  companies,  hotel  or 
other  establishments,  ticket  agents 
and  brokers  and  immigrant  and 
steamship  agents;  draymen,  cart- 
men,  cabmen,  hackmen,  omnibus 
drivers  and  chauffeurs;  vehicles  of 
all  kinds  whatsoever  and  the  use  of 
the  streets,  public  thoroughfares, 
highways  and  public  places  by  such 
vehicles  and,  also,  the  carrying  and 
hauling  of  persons  and  property  for 
hire;  vendors  or  dealers  in  inflam¬ 
mable  oils  or  substances,  firearms, 
fireworks  or  explosives  of  any  kind; 
vendors  of  meats,  vegetables  or  other 
food  products;  and  the  size  and 
weight  of  bread  sold  or  prepared  for 
sale  and  the  weighing  and  measuring 
of  wood,  coal,  hay,  grains,  oils  or 
other  personal  property  kept  for  sale 
or  to  be  disposed  of  to  the  public 
and  to  enforce  the  use  by  dealers  of 
proper  weights  and  measures  duly 
tested  and  sealed. 

7.  Public  Decency  —  Gambling, 
Etc. — To  define,  prevent,  prohibit  or 
suppress  pool  selling,  lotteries,  gam¬ 
bling,  and  destroy  instruments  used 
therewith;  all  fraudulent  practices 
and  devices;  assault  and  battery, 
drunkenness  and  obscenity;  begging, 
vagrancy,  mendicancy  and  prostitu¬ 
tion,  disorderly  houses,  houses  of  ill- 
fame  and  groggeries  and  the  pro¬ 
prietors  and  keepers  thereof;  riots, 
noise,  prize  fights  and  disorderly 
assemblages;  disorderly  or  mis¬ 
chievous  conduct,  or  conduct  annoy- 


''/(.If 

iiig  or  dangerous  to  others,  or  detri¬ 
mental  to  their  rights  of  person  or 
property;  vice,  crime,  and  all  prac¬ 
tices  and  acts  Avhatsoever  inconsisL- 
ent  with  the  preservation  and  main¬ 
tenance  of  peace,  morals,  decency, 
good  order  and  the  rights  and  com¬ 
fort  of  the  inhabitants  of  the  City. 

8.  Public  Siifety  —  Sanitation.— 
To  regulate,  control,  and  prohibit  the 
use,  sale  or  olfering  for  sale  of  fire¬ 
arms,  explosives,  or  fireworks  or  the 
use  or  exhibition  of  any  firearms, 
fireworks  or  explosives  in  any  place 
which  may  be  considered  by  the 
Council  dangerous  pr  annoying  to 
any  citizen;  the  receipt,  storage, 
transportation  and  traffic  in  any  in¬ 
flammable  oil  or  substance  or  any 
explosives  within  the  City,  the  carry¬ 
ing  of  concealed  weapons;  the  en¬ 
croachment  upon  or  obstructing  or 
incumbering  of  any  highways,  side¬ 
walks,  public  grounds  or  levee;  the 
cutting  of  ice  within  the  City  limits 
and  the  sale  thereof;  the  burial  of 
the  dead  within  the  City  limits,  and 
to  regulate  the  location  and  conduct 
of  cemeteries  and  crematories;  places 
of  bathing  and  swimming  in  the 
waters  within  •  the  City  limits;  the 
landing  and  conveyance  of  paupers 
and  persons  in  destitute  condition 
into  the  City  not  having  a  legal 
residence  or  settlement  therein  by 
any  railroad  train,  boat,  vessel  or 
other  means  of  conveyance,  and  to 
require  that  such  persons  shall  be 
taken  back  to  the  place  from  whence 
they  may  have  been  brought  by  the 
person  or  persons  conveying  or 
leaving  them  within  the  City;  the 
emission  of  dense  smoke. 

9.  Engines — Motors. — To  regu¬ 
late  the  use  of  power  engines  of  all 
kinds,  steam  boilers,  and  electric  or 
any  other  kind  of  motors,  and  to 
prohibit  their  use  in  such  localities 
as  in  the  judgment  of  the  Council 
would  endanger  public  safety. 

10.  Public  Building  Exits — 
Obstructions. — ^To  regulate  the  size 
and  construction  of  the  entrances 
and  exits  from  theaters,  lecture 
rooms,  halls,  schools,  churches  and 
other  places  for  public  gatherings  of 
any  kind,  and  to  prevent  the  placing 
of  seats,  chairs,  benches  or  other 
obstructions  in  the  hallways,  aisles 
or  open  places  therein. 

11.  Inspection  of  Hotels,  Etc. — 
To  provide  for  the  inspection  and 
regulation  of  restaurants,  hotels, 
bakeries  and  butcher  shops. 

12.  Hotels,  Etc.  —  To  regulate 
lodging,  tenement  and  apartment 


\  \ 


1 


'and  to  prevent  the  over- 
crowdipg.Ojf  the  same,  and  to  require 
that  they  be  put  and  kept  in  proper 
sanitary  condition. 

1 3 .  Building  Materials  —  Fuel — 
Measurement — Inspection. — To  reg  u- 
late  the  measurement  and  inspection 
of  building  materials  and  of  fuel  of 
all  kinds. 

14.  Factories — Noises. — To  regu¬ 
late,  control,  restrain  or  prohibit 
the  operation  of  all  manufactories, 
industries,  occupations  or  trades 
which  may  be  of  such  nature  as  to 
affect  the  public  health,  or  good  order 
of  the  City,  or  disturb  the  public 
peace,  or  which  may  be  dangerous  or 
offensive  to  the  inhabitants  residing 
in  the' vicinity,  and  to  provide  for 
the  punishment  of  all  persons  violat¬ 
ing  such  regulations  and  to  provide 
for  the  punishment  of  all  persons 
who  permit  the  same  to  be  violated 
in  any  building  or  upon  any  premises 
owned  or  controlled  by  them;  to 
make  regulations  for  the  suppression 
of  disagreeable,  offensive  and  in¬ 
jurious  noises. 

15.  Smoke — Wliistles. — To  regu¬ 
late  or  prohibit  the  discharge  of 
steam,  cinders,  sparks,  and  dense 
smoke  from  locomotives,  mills  and 
factories,  and  the  use  of  whistles 
thereon  or  therein. 

16.  Tiitoxicating  Ijiquor  Licenses. 
— To  license  and  regulate,  except  as 
otherwise  provided,  all  persons  vend¬ 
ing,  dealing  in  or  disposing  of 
spirituous,  vinous,  malt  or  fermented 
or  other  intoxicating  liquors,  and  all 
places  in  which  the  same  are  dealt 
in,  vended  or  disposed;  and  prevent 
or  prohibit  any  person  from  giving 
or  dealing  in  spirituous,  fermented, 
m.alted  or  vinous  liquors  unless  duly 
licensed  by  the  Council:  provided 
that  no  license  for  so  dealing  in  such 
liquors  shall  be  granted  for  a  less 
term  than  one  year. 

17.  Limits  for  Sale  of  Intoxicat¬ 
ing  Liquors. — To  establish,  alter,  en¬ 
large  and  contract  patrol  limits  with¬ 
in  the  City  and  to  prevent,  suppress 
and  prohibit  the  sale  or  other  dis¬ 
posal  of  any  spirituous,  fermented, 
malt,  vinous,  or  other  intoxicating 
liquors  without  such  limits,  except 
by  duly  licensed  druggists  for  med¬ 
ical,  mechanical  or  ’  chemical  pur¬ 
poses,  to  be  used  elsewhere  than 
upon  said  druggist’s  premises. 

18.  Animals  at  Large. — To  pre¬ 
vent,  control  and  regulate  the  pen¬ 
ning,  the  herding  and  treatment  of 
fowls,  poultry  and  animals  kept  with¬ 
in  the  City,  and  to  restrain  the  run¬ 


ning  at  large  of  the  same  in  the 
City  or  any  part  thereof,  and  to 
establish  and  maintain  a  pound  and 
to  authorize  the  destruction  or  other 
disposition  of  any  animals  running 
at  large. 

19.  Dogs. — To  impose  a  tax  on 
dogs  and  regulate  the  keeping  there¬ 
of  and  to  authorize  the  destruction 
of  the  same  in  a  summary  manner 
vv'hen  at  large  contrary  to  the  ordin¬ 
ance  and  to  provide  for  the  killing 
of  dangerous  or  vicious  dogs,  and  to 
punish  by  fine  or  imprisonment  the 
owner  or  keeper  of  any  such  dog 
who  refuses  to  deliver  up  the  same 
to  be  killed  or  to  pay  the  tax  imposed 
thereon. 

20.  Cruelty  to  Animals. — To  pro¬ 
hibit  and  punish  any  cruelty  to  ani¬ 
mals  and  to  require  the  places  where 
they  are  kept  to  be  maintained  in  a 
clean  and  healthful  condition. 

2 1 .  Notices — Placards — Advertis¬ 
ing. — To  regulate  or  prohibit  the 
carrying,  exhibiting,  posting,  writing, 
placing  or  affixing  banners,  placards, 
notices  or  advertisements,  the  cards, 
pictures,  notices  or  advertising  mat- 

I  ter  of  candidates  for  office,  and  the 
distributing  of  handbills  in  the  City^ 
the  streets,  the  public  grounds-  or  on 
sidewalks,  telephone,  telegraph  or 
electric  light  or  other  poles,  and  the 
flying  or  placing  of  banners,  flags  or 
signs  over  sidewalks,  across  the 
streets  or  from  or  on  buildings;  and 
to  order  the  removal  thereof  from 
the  streets. 

22.  Bill  Boards. — To  license,  reg¬ 
ulate,  prohibit  or  suppress,  the  erec¬ 
tion  and  maintenance  of  signs,  sign¬ 
boards,  billboards  and  fences. 

2  3.  Cleanliness. — To  compel  own¬ 
ers,  agents  or  occupants  to  keep  all 
buildings  and  premises  and  the 
streets,  sidewalks  and  alleys  adjacent 
thereto  in  a  cleanly,  wholesome,  safe 
and  passable  condition  and  to  regu¬ 
late  the  disposal  and  collection  of  all 
refuse  whatsoever. 

2  4.  Cleaning  Sidewalks. — To  com¬ 
pel  the  owner,  agent  or  occupant  of 
buildings  or  grounds  to  remove  snow, 
i'ce,  dirt,  rubbish  and  weeds  from  the 
sidewalks  adjacent  thereto,  and  on 
default,  to  authorize  the  removal 
thereof  at  the  expense  of  such  owner 
or  occupant,  and  to  make  such  ex¬ 
pense  a  Hen  upon  such  buildings  or 
grounds. 

2  5.  Sprinkling. — To  provide  for 
sprinkling  streets,  with  authority  to 
assess  the  expense  thereof,  on  prop¬ 
erty  abutting  upon  streets  so  sprin¬ 
kled,  or  on  property  so  benefited  by 


surh  sprinkling,  and  to  collect  the 
same  as  other  assessments  for  im¬ 
proving  streets  are  collected. 

2(1.  Street  Safety. — To  regulate 
the  speed  of  railroads,  trains,  engines 
and  cars  passing  through  the  City  and 
the  speed  of  cars  on  street  or  inter- 
urban  railways  using  the  streets  of 
the  City,  to  require  railroad  com¬ 
panies  at  their  cost  and  expense  to 
station  flagmen,  place  gates,  viaducts 
or  overhead  crossings  at  all  street 
crossings  as  the  Council  deems 
proper;  to  require  street  cars  and 
local  trains  to  be  provided  with  fen¬ 
ders,  or  other  appliances  for  the 
better  protection  of  the  public,  to 
prohibit  the  making  up  of  railroad 
trains  on  any  of  the  streets,  street 
crossings,  or  street  intersections  of 
the  City;  to  regulate  the  speed  at 
which  persons  may  ride,  drive  or 
propel  bicycles,  automobiles  or  other 
vehicles  along  or  upon  any  of  the 
streets  or  highways  of  the  City,  and 
to  compel  the  use  of  sleighbells  dur¬ 
ing  the  sleighing  season,  and  to  pro¬ 
vide  for  and  regulate  the  erection  of 
hitching  posts  or  rings  for  fastening 
horses,  or  to  prohibit  the  use  of  such 
posts  or  rings;  and  to  compel  persons 
to  fasten  their  horses,  or  other 
animals  attached  to  vehicles,  or 
otherwise,  while  standing  in  the 
streets,  or  other  public  places;  and 
to  prevent  all  persons  riding  or 
driving  any  animal  on  the  sidewalks 
of  the  City,  or  in  any  way  doing 
damage  to  such  sidewalk;  to  regulate 
the  opening  of  hatchways,  and  com¬ 
pel  proper  guards  about  the  same. 

27.  IJouIevartls  —  Parkways. — To 
designate  and  set  apart  certain 
thoroughfares  or  parts  thereof  as 
parkways  or  boulevards,  and  regu¬ 
late  the  use  of  the  same  and  to  pro¬ 
hibit  the  hauling  of  heavy  loads 
thereon. 

28.  Trees — Care  of — Diseases — 
Pests. — To  regulate  and  prescribe  the 
kind,  planting,  care,  trimming  and 
maintenance  of  trees  in  the  streets, 
public  grounds  and  highways  of  the 
City,  and  to  prescribe  a  treatment 
for  any  trees,  in  the  City  infected 
with  communicable  diseases  or  pests 
cf  any  kind  tending  to  cause  a  gen¬ 
eral  destruction  of  trees,  and  to  des¬ 
troy  such  trees  when  deemed  neces¬ 
sary. 

29.  BoiilevaiKls — ^Traflic. — To  set 
apart  as  a  boulevard  any  street  over 
which  there  is  no  existing  franchise 
for  any  railroad,  and  to  regulate  and 
prevent  heavy  teaming  thereon,  and 
when  any  such  street  shall  have  been 


set  aside  as  a  boulevard,  no  franchise 
for  a  railroad,  interurban  or  street 
railway  of  any  kind  shall  ever  be 
granted  upon  such  boulevard,  unless 
an  ordinance  to  that  effect  shall  have 
been  duly  passed  by  the  Council,  and 
approved  by  vote  of  the  people  as 
prescribed  in  case  of  other  franchises. 

30.  Street  Traffic. — To  regulate 
and  prescribe  the  width  of  tires  on 
wheels  of  vehicles  used  in  the  City, 
and  the  maximuni  weight  of  loads 
to  be  drawn  over  any  street  in  the 
City,  and  to  direct  upon  what  street 
heavily  loaded  vehicles  may  be 
drawn,  and  from  what  streets,  ave¬ 
nues  and  boulevards  the  same  shall 
be  excluded. 

31.  Excavations. — ^To  regulate  ex¬ 
cavations  in  streets  and  public 
grounds,  and  to  require  that  all  ex¬ 
cavations  made  in  the  streets  and 
public  grounds,  where  pavements  are 
laid  shall  be  filled  and  relaid  by  the 
City,  at  the  cost  of  the  party  apply¬ 
ing  to  make  the  same. 

32.  Pipes  and  Mains  —  Filing 
Charts  Of. — To  regulate  the  size  and 
location  of  all  water,  gas  and  other 
pipes  and  conduits  constructed  or 
laid  in  the  streets  and  public  places, 
and  to  require  the  filing  at  a  desig¬ 
nated  place  of  charts  and  maps  of 
such  pipes  and  conduits  and  their 
location. 

33.  Electric  Wires  —  Poles. — To 
cause  the  removal  and  placing  under¬ 
ground  of  all  telephone,  telegraph, 
electric  or  other  wires  within  the 
City  or  within  any  designated  portion 
thereof,  and  to  regulate  or  prohibit 
the  placing  of  poles,  and  their  ap¬ 
purtenances,  and  suspending  of  wires 
thereon,  along  or  across  any  of  the 
streets,  alleys,  or  public  places  in 
the  City. 

34.  Opening,  Extending,  Grading 
and  Vacating  Streets — Building 
Bridge. — To  lay  out  and  open  new 
streets  and  alleys,  and  extend,  widen 
or  straighten  streets  or  alleys;  to 
establish  or  change  the  grade  of  any 
street,  alley  or  public  place;  to  va¬ 
cate  any  street,  highway,  or  alley  or 
portion  of  either,  or  any  plat  or 
portion  of  any  plat  of  lands;  and  to 
build,  maintain  and  repair  bridges 
across  streams,  ravines,  highways, 
streets,  and  railroad  or  street  rail¬ 
way  tracks. 

35.  Bailroad  Tracks  on  Streets. — 
To  require  every  railroad  company 
to  keep  the  streets  in  repair  betw'een 
and  for  a  distance  of  one  foot  upon 
each  side  of  the  tracks  occupied  by 
the  company. 


36.  Street  Railways. — To  regu¬ 
late  street  railroads,  their  tracks, 
and  cars,  to  compel  the  owners  of 
two  or  more  such  street  railroads 
using  the  same  street,  to  use  the 
same  tracks  and  to  equitably  divide 
the  cost  of  construction  and  main¬ 
tenance  thereof  between  them. 

3  7.  House  Ninnbers. — To  regu¬ 
late  the  numbering  of  houses  and 
lots  and  compel  the  owners,  agents 
or  occupants  thereof  to  place  num¬ 
bers  on  ail  houses  or  buildings,  as 
may  be  designated  by  the  Council. 

3  8.  Building  Regulations — Build¬ 
ing  Bines  and  Buildings. — ^To  regu¬ 
late  the  construction  of  buildings, 
prescribe  the  depth  of  cellars,  the 
material  and  method  of  construction 
of  foundations  and  foundation  walls, 
the  manner  of  construction  and  loca¬ 
tion  of  drains  and  sewer  pipes,  the 
thickness,  material  and  construction 
of  party  walls,  partition  and  outside 
walls,  the  size  and  material  of  floor 
beams,  girders,  piers,  columns,  roofs, 
chimneys,  flues  and  heating  appar¬ 
atus,  to  apportion  and  adjust  such 
regulation  to  the  height  and  size 
of  the  buildings  to  be  erected,  to 
regulate  the  construction  and  loca¬ 
tion  of  privies,  and  vaults  in  such 
buildings,  to  protect  the  construction 
of  buildings  not  conforming  to  such 
prescribed  standard,  either  in  the 
whole  City  or  within  such  building 
limits  as  the  Council  may  prescribe, 
to  establish,  alter  or  enlarge  such 
building  limits  from  time  to  time,  to 
appoint  an  inspector  or  inspectors  of 
buildings,  or  to  devolve  the  duties 
of  such  inspectors  on  any  City  officer, 
to  give  such  inspectors  or  other 
officers  authority  to  enter  upon,  ex¬ 
amine  and  inspect  all  buildings  in 
process  of  construction  in  the  City, 
or  within  such  building  limits,  and 
to  direct  the  suspension  of  any  such 
building  operation  as  shall  not  con¬ 
form  to  such  regulations.  To  pro¬ 
vide  for  requiring  owners  of  build¬ 
ings  or  other  structures  which  shall 
have  been  destroyed  or  partially 
destroyed,  by  fire  or  otherwise,  and 
to  require  the  owner  of  any  real 
estate  upon  which  any  such  building 
or  structure  may  stand  to  take  down 
the  same  or  any  part  thereof  when 
deemed  unsightly  or  likely  to  cause, 
injury  or  accident  to  persons;  and 
in  case  of  refusal  or  neglect  of  said 
owner  to  so  take  down  the  same 
when  ordered  by  the  officer  desig¬ 
nated  by  the  Council,  then  to  cause 
the  same  to  be  taken  down  at  the 
expense  of  the  owner,  the  cost  there¬ 


of  to  be  made  by  special  assessment 
on  the  land  on  which  the  same 
stands.  To  require  the  owner  or 
lessee  of  any  building  or  structure 
now  or  hereafter  built  or  constructed 
in  the  City  to  place  thereon  such  fire 
escapes  and  such  appliances  for  pro¬ 
tection  against  fire  and  for  the  ex¬ 
tinguishment  thereof  as  the  Council 
may  direct;  and  also  to  require  such 
owner  or  lessee  to  construct,  provide 
and  furnish  each  and  every  other 
thing,  and  do  each  and  every  other 
act  which  it  may  think  necessary  or 
advisable  to  lessen  the  danger,  to 
human  life  in  case  of  fire  or  accideiit. 
To  designate  where  lumber  piles  and 
millwood  piles  shall  not  be  main¬ 
tained,  and  to  regulate  the  piling  of 
lumber  in  the  City,  and  to  require 
any  person  maintaining  any  lumber 
pile  in  the  City  to  remove  the  same 
when  the  same  is  or  may  become 
dangerous  to  any  building  or  build¬ 
ings,  or  other  property  near  the 
same;  also  to  regulate  and  designate 
where  the  following  kinds  of  busi¬ 
ness  or  amusement  may  be  located 
or  carried  on,  to-wit.:  Millwood 

yards,  wood  yards,  foundries,  dye- 
houses,  boiler  shops,  store  houses 
for  oil,  gun-powder,  or  other  explo¬ 
sive  materials,  store  houses  for  hides, 
roller  or  skating  rinks  and  baseball 
grounds. 

39.  Plumbers’  Uceiises— Sewers. 
— To  license  plumbers  and  regulate 
plumbing  and  the  construction,  re¬ 
pair,  location,  and  use  of  sewers, 
sinks,  gutters,  wells,  privies,  cess 
pools  and  vaults,  and  to  compel  the 
connecting,  cleaning  or  emptying  of 
the  same,  and  to  license  persons  to 
act  as  scavengers,  and  to  designate 
the  time  and  manner  in  which  the 
work  shall  be  done. 

40.  Fire  Hazard. — To  regulate  or 
prohibit  the  storage  and  handling  of 
all  hay,  straw,  powder,  dynamite, 
giin  cotton,  nitro-glycerine,  fire¬ 
works,  combustibles,  explosives,  or 
other  substances,  articles,  equipments 
or  devices  affecting  the  fire  hazard. 

4 1 .  Fire  Limits — Buildings  There¬ 
in. — To  prescribe  and  determine  fire 
limits,  and  the  method  of  construc¬ 
tion  and  height  of  buildings  that 
may  be  erected  therein,  and  the  na¬ 
ture  of  the  materials  to  be  used  in 
the  construction,  alteration  or  repair 
of  such  buildings  or  existing  build¬ 
ings  within  such  fire  limits. 

4  2.  Fire  Protection. — To  regulate 
the  construction,  alteration,  removal 
and  repair  of  all  structures  and  the 
permanent  equipment  thereof,  and 


to  provide  for  the  safety  of  the  oc¬ 
cupants  of  all  structures  and  ail 
property  in  the  vicinity  thereof 
against  danger  from  fire  or  panic  or 
from  methods  of  construction  or  in¬ 
stallation  detrimental  to  life,  health 
or  property,  and  to  prohibit  the  use 
of  buildings  or  parts  of  buildings 
when  dangerous  to  life  from  collapse, 
fire  or  panic. 

4  3.  Vacant  Proi)erty. — To  com¬ 
pel  the  owner  or  agent  of  vacant 
property  within  the  City  to  keep 
the  same  clear  of  brush  or  other 
material  liable  to  communicate  fire 
to  adjoining  property,  arid  in  case 
of  neglect  of  any  owner  to  so  re¬ 
move  the  same,  the  Council  shall 
order  the  removal  thereof,  and  assess 
the  cost  therefor  against  the  prop¬ 
erty. 

44.  Fire  l^oof  Roofs — Rife  Sav- 
iiig  Devices. — To  prescribe  limits 
within  which  all  roofs  shall  be 
covered  by  non-combustible  material, 
and  to  compel  the  installation  in  all 
structures  of  devices,  appliances  and 
arrangements  for  the  preservation 
of  life,  health  and  property  from  fire. 

45.  l^ire  Escapes — Exting:uishers. 
— To  require  the  owners,  agents  and 
lessees  of  buildings  or  other  struc¬ 
tures  to  place  upon  or  in  them  fire 
escapes  and  appliances  for  the  ex¬ 
tinguishing  and  prevention  of  fires. 

46.  Fire  Risks — Combustible  3Ia- 
terial. — To  prevent  the  construction 
and  to  cause  the  removal  of  dan¬ 
gerous  chimneys,  fire  places,  stoves, 
stove  pipes,  ovens,  boilers,  apparatus 
and  machinery  used  in  any  building 
in  the  City;  to  require  gas  cut  offs 
at  curb  lines,  to  regulate  the  oper¬ 
ation  of  industries  liable  to  cause 
fire;  to  prevent  the  depositing  of 
ashes,  accumulation  of  shavings, 
rubbish  or  any  combustible  material 
in  unsafe  places,  and  to  make  pro¬ 
visions  to  guard  against  fires. 

47.  Police  and  Fire  Protection. — 
To  organize  and  maintain  police  and 
fire  departments,  erect  the  necessary 
buildings  and  purchase  and  own  all 
implements  and  apparatus  required 
therefor, 

4  8.  Alarm  Systems. — To  establish, 
control  and  maintain  a  fire  alarm, 
police,  telegraph,  telephone  or  wire¬ 
less  system,  and  manage  and  control 
the  same. 

49.  Health. — To  make  all  regula¬ 
tions  which  may  be  necessary  and 
expedient  for  the  preservation  of 
the  health  of  inhabitants  of  the  City 
and  the  supressjon  of  disease  in  the 
community;  to  make  regulations  to 


prevent  the  introduction  of  conta¬ 
gious,  communicable,  malignant,  in¬ 
fectious  or  other  diseases  into  the 
City;  to  make  quarantine  laws  and 
regulations;  to  regulate,  control  and 
prevent  the  entry  into  the  City  of 
persons,  baggage,  merchandise  or 
other  property  infected  with  any  such 
disease, 

50.  Food  Products  —  Destructimi 
of  Unwholesome. — To  provide  for 
and  regulate  the  inspection  and  sale 
of  meats,  poultry,  fish,  game,  bread, 
butter,  cheese,  lard,  eggs,  vegetables, 
bread  stuffs,  milk  and  other  food 
products  offered  for  sale  in  the  City 
and  to  provide  for  the  taking  and 
summarily  destroying  of  such  of  the 
same  as  are  unsound,  spoiled,  adul¬ 
terated  or  unwholesome  articles  or 
food  products,  and  to  regulate  and 
prevent  bringing  in  the  City  or  keep¬ 
ing  in  the  City  any  such  unsound, 
spoiled,  adulterated  or  unwholesome 
articles  or  food  products. 

51.  Inspection  of  Dairies. — To 
provide  for  and  regulate  the  inspec¬ 
tion  of  all  dairies,  creameries,  milk 
and  cream  depots  that  offer  for  sale 
any  of  their  products  in  the  City. 

52.  Garbage  Removal. — To  pro¬ 
vide  for  and  require  the  removal,  by 
contract  with  private  parties,  or 
otherwise,  of  any  swill,  offal,  gar¬ 
bage,  ashes,  barn-yard  litter,  manure, 
yard  cleanings,  or  other  foul  or  un¬ 
healthy  matter  and  to  assess  the  cost 
of  such  removal  on  property  on 
which  the  same  was  found,  or  other¬ 
wise  collect  the  said  cost  by  action 
against  the  owner  or  occupants  of 
such  property. 

53.  Nuisances. — To  define,  and 
declare  what  shall  constitute  a 
nuisance,  and  to  regulate,  prohibit 
or  suppress  nuisances;  and  to  pro¬ 
vide  for  the  abatement  and  removal 
of  nuisances  within  the  City  limits. 

54.  Rocating  Unwliolesome  Fac¬ 
tories,  Plants,  Etc. — To  regulate  the 
location  of  stock  yards,  slaughter 
houses,  rendering  plants,  soap  fac¬ 
tories,  glue  factories,  tanneries, 
stables,  privies  and  other  unwhole¬ 
some  or  nauseous  houses  or  places. 

55.  Acquisition  of  Pi’ivate  Prop¬ 
erty. — To  acquire  by  purchase  or 
condemnation  such  private  property 
as  may  be  necessary  for  sites  for 
public  buildings  for  the  use  of  the 
City  and  all  departments  thereof,  for 
all  structures  connected  with  any 
department  of  the  City,  and  for  all 
streets,  alleys,  and  public  squares 
and  public  wharves  and  levees  in  the 
City;  and  for  the  construction  of 


slopes  for  cuts  and  fills  in  any  street, 
lane,  alley  or  highway  now  ordered 
to  be,  or  such  as  shall  hereafter  be 
ordered  to  be  opened,  extended, 
altered,  straightened  or  graded,  and 
for  changes  of  grade  in  any  of  the 
same,  and  to  ascertain  and  determine 
the  value  of  all  such  private  property 
taken  for  such  uses,  and  the  amount 
of  all  damages  occasioned  to  any 
private  property  by  reason  of  any 
public  works  or  structures,  and  for 
that  purpose,  the  Council  may  ap¬ 
point  commissioners  to  appraise  such 
values  or  damages  or  acquire  in¬ 
formation  thereof  in  any  other  man¬ 
ner  it  may  deem  advisable. 

56,  Public  Biiildings^ — Parks,  Etc. 
— To  acquire  by  purchase,  condemna¬ 
tion,  or  otherwise,  and  to  establish, 
maintain,  equip,  own  and  operate 
libraries,  reading  rooms,  art  gal¬ 
leries,  museums,  parks,  play  grounds, 
places  of  recreation,  fountains,  baths, 
public  toilets,  rest  rooms,  markets, 
cold  storage  plants,  hospitals,  charit¬ 
able  institutions,  jails,  work  houses, 
morgues,  cemeteries,  garbage  collec¬ 
tion,  disposal  and  reduction  works, 
street  cleaning  and  sprinkling  plants, 
and  all  other  public  buildings,  places, 
works  and  institutions  deemed  neces¬ 
sary  for  the  good  of  the  City,  and 
the  wefare  of  its  inhabitants. 

57.  Public  Utilities. — To  acquire 
by  purchase,  condemnation  or  other¬ 
wise,  and  to  establish,  maintain, 
equip,  own  and  operate  water  works, 
ice  plants,  cold  storage  plants,  gas 
works,  electric  light,  heat  and  power 
works  within  or  without  the  City, 
and  to  supply  the  City  and  sell  to  its 
inhabitants  and  also  persons,  firms 
or  corporations  outside  of  the  City, 
water,  gas,  ice,  electricity  and  all 
products  of  any  public  utility  oper¬ 
ated  by  the  City. 

5  8 .  Telephone — Telegraph — Rail¬ 
ways. — ^To  acquire  by  purchase,  con¬ 
demnation,  or  otherwise,  and  to 
establish,  maintain,  equip,  own  and 
operate  telephone  and  telegraph,  and 
wireless  systems,  electric  or  other 
railways  or  transportation  service  of 
any  kind. 

59.  Acquisition  of  Land  for  Pub¬ 
lic  Utilities. — To  acquire  by  purchase, 
condemnation,  or  otherwise,  within  I 
or  without  the  City,  such  lands  or  ( 
other  property  as’  may  be  necessary  ■ 
for  the  establishment,  maintenance  , 
and  operation  of  any  public  utility,  1 
or  to  provide  for  and  effectuate  any  i 
other  public  purpose,  and  to  sell,  ( 
convey,  encumber  and  dispose  of  1 
the  same  for  the  benefit  of  the  City,  j 


60.  Public  Utilities  —  Municipal 

Ownership. — To  provide  a  suitable 
!  procedure  for  taking  over  or  other- 
,  wise  acquiring  municipal  ownership 
.  of  public  utilities;  to  lease,  for  the 
i  purpose  of  maintenance  and  opera- 
i  tion  any  public  utility  owned  by  the 
City. 

61.  Railroads  —  Drainage.  —  To 
compel  and  require  railroad  com¬ 
panies  to  make  and  keep  open  and  in 
repair,  ditches,  drains,  sewers,  and 
culverts  along  and  under  railroad 
tracks,  so  that  water  cannot  stand 
on  their  grounds  or  right  of  way, 
and  so  that  the  natural  drainage  oi 
adjacent  property  shall  not  be  ob¬ 
structed. 

62.  Railroads — Spur  Tracks. — To 
permit  and  regulate  the  laying  and 
use  of  spur  or  side  tracks  and  run¬ 
ning  cars  thereon,  for  the  purpose 
of  connecting  warehouses,  manufac¬ 
tories,  or  other  business  enterprises, 
with  any  line  of  railroad  that  may 
be  built,  with  the  other  line  of  rail¬ 
roads  which  do  now  or  may  here¬ 
after  enter  the  City. 

63.  Bridge. — To  control,  own,  re¬ 
pair,  build  or  rebuild,  maintain  and 
manage  the  Stillwater  bridge,  and  all 
piling,  sheer-booms  and  appurten¬ 
ances  thereto,  through  its  whole  ex¬ 
tent,  as  the  same  now  is  situated 
across  Lake  St.  Croix  opposite  the 
City,  and  any  other  bridge  across 
said  lake  opposite  the  City,  and  to 
prescribe  such  rules  and  regulations 
for  the  use  and  management  of  said 
bridge  and  any  other  bridge  and  the 
protection  thereof  as  the  Council  may 
deem  necessary  or  expedient  and  to 
provide  for  the  punishment  of  per¬ 
sons  violating  such  rules'and  regula¬ 
tions. 

64.  River  St.  Croix  —  Obstruc¬ 
tions. — To  establish  the  land  bound¬ 
aries  of  the  City  on  lake  and  river 
St.  Croix,  and  to  provide  that  no 
fillings  shall  be  made  in  said  waters, 
nor  that  any  buildings,  bank,  dirt, 
stones,  piles  or  any  obstructions  or 
things  whatsoever  shall  be  placed 
within  said  waters  within  the  bound¬ 
aries  of  the  City  except  as  permitted 
by  the  Council,  or  as  may  rightfully 
be  done  at  common  law  by  riparian 
owners;  and  to  require  the  removal 
of  any  such  things  so  placed  in  said 
waters  in  violation  of  the  regulations 
of  the  City,  and  in  case  of  refusal 
to  so  remove  by  the  persons  causing 
the  same  to  be  placed  in  said  waters 
or  those  in  possession  or  control 
thereof,  to  cause  them  to  be  removed, 
summarily,  or  by  action  against  any 


person  or  persons  responsible  for 
such  encroachments  in  said  waters 
and  to  recover  all  damages,  costs  and 
expenses  incurred  by  the  City  in 
such  removal,  including  reasonable 
attorney’s  fees  in  case  of  action 
therefor. 

65.  Jliver  St.  Croix — Wharves — 
Piers — Docks,  Ktc. — To  take  posses¬ 
sion  by  condemnation,  or  otherwise, 
and  appropriate  and  therein  and 
thereon  construct,  establish  and 
maintain  within  the  waters  of  lake 
and  river  St.  Croix  situated  within 
the  boundaries  of  the  City  beyond 
low  watermark,  public  wharves, 
levees,  piers,  docks,  roadways  and 
landings,  and  to  condemn  so  much 
of  the  property  abutting  on  said  lake 
or  river  St.  Croix  as  shall  be  neces¬ 
sary,  and  thereon  construct  and 
maintain  said  public  wharves,  levees, 
piers,  docks,  roadways  and  landings. 

6  6 .  Levees — Piers  —  Wharves. — 
To  control  and  regulate  the  construc¬ 
tion  of  levees,  piers  and  wharves,  or 
grading  said  wharves  into  the  St. 
Croix  lake  or  river,  within  the  cor¬ 
porate  limits  of  the  City,  and  to  pre¬ 
scribe  and  control  the  prices  to  be 
charged  for  pierage  or  wharfage 
thereon,  and  to  prevent  and  to  re¬ 
move  all  obstructions  in  the  water 
of  said  lake  or  river,  and  to  prescribe 
and  regulate  the  rates  of  wharfage 
and  pierage  to  be  charged  to  any 
boat  or  vessel  landing  or  mooring  at 
any  landing,  wharf  or  pier,  within 
the  limits  of  the  City,  and  paid  to 
the  City,  and  to  regulate  the  land¬ 
ings,  levees,  wharves  and  piers 
within  the  limits  of  the  City,  and 
boats  and  vessels  landing  and  moor¬ 
ing  at  the  same. 

67.  Ice  —  Cutting;  Of. — To  re¬ 
strain,  control  and  regulate  the  cut¬ 
ting  of  ice  in  lake  and  river  St. 
Croix,  within  the  jurisdiction  of  the 
City, 

68.  Rewards. — To  offer  rewards 
not  exceeding  two  hundred  and  fifty 
dollars  in  any  one  instance,  for  the 
apprehension  and  conviction  of  any 
person  who  may  have  committed  a 
felony  in  the  City,  and  to  authorize 
the  payment  thereof. 

69.  Fees  and  Cliarges. — To  fix 
the  fees  and  charges  for  all  official 
services  not  otherwise  provided  for 
in  this  charter. 

70.  Illegal  Collections. — To  order 
the  repaying  to  the  persons  entitled 
thereto,  of  any  taxes,  penalties,  fines 
or  costs  erroneously  or  illegally  col¬ 
lected. 

71 .  Penalties. — To  prescribe 


fines,  forfeitures,  penalties  and  pun¬ 
ishment  for  the  violation  or  breach 
of  any  provision  of  this  charter  or 
of  any  ordinance,  by-law',  regulation 
or  rule  of  the  City,  not  exceeding  a 
fine  of  one  hundred  dollars  and  costs 
of  prosecution,  or  imprisonment  in 
the  City  prison  or  the  county  jail  of 
Washington  County,  for  a  term  not 
exceeding  ninety  days,  and  offenders 
against  any  such  ordinances,  by-laws, 
regulations  or  rules,  may  be  required 
to  give  security -to  keep  the  peace  and 
for  good  behavior,  for  a  period  not 
exceeding  six  months,  and  in  a  sum 
not  exceeding  five  hundred,  dollars. 

72.  Proceedings  Wliere  Same  Of¬ 
fense  Is  l*rohibited  by  Stiite  Law. — 

In  case  any  offense  against  any  of  the 
ordinances,  by-laws,  regulations  or 
rules  of  the  City  shall  also  be  pro¬ 
hibited  by  the  laws  of  the  state  and 
be  subjected  to  a  greater  or  different 
punishment,  the  court  before  which 
any  person  shall  be  arraigned  for  the 
violation  of  such  ordinance,  by-law. 
regulation  or  rule,  may  in  its  des- 
cretion  dismiss  the  prosecution  un¬ 
der  such  ordinance,  by-law,  regula¬ 
tion  or  rule,  and  if  the  evidence  shall 
warrant  such  result,  either  convict 
and  punish  the  offender  for  the  vio¬ 
lation  of  the  state  law  or  hold  him 
for  indictment  and  trial  before  the 
district  court,  as  the  case  may  be, 
but  in  all  cases  when  any  person  shall 
be  tried  for  violation  of  any  Citv 
ordinance,  by-law,  regulation  or  ruie, 
such  trial  and  a  conviction  or  ac¬ 
quittal  thereupon  shall  be  a  bar  to 
all  further  or  other  prosecution  for 
the  same  offense  in  any  other  court. 

73.  Labor  As  Piinisliinent. — The 
Council  may  provide  that  any  one 
convicted  of  an  offense  before  the 
municipal  court,  subjecting  such  of¬ 
fender  to  imprisonment  under  the 
charter  and  ordinances  of  the  City, 
may  be  kept  at  hard  labor  in  any 
workhouse  established  for  that  pur¬ 
pose,  or  in  case  of  a  male  offender 
he  may  be  kept  at  hard  labor  during 
his  term  of  punishment  in  such  work- 
house,  or  upon  the  public  improve¬ 
ments  of  the  City,  or  both;  and  may 
also  provide  that  any  one  convicted 
of  an  offense  before  said  municipal 
court,  and  committed  upon  non-pay¬ 
ment  of  fine  imposed,  may  be  kept 
at  hard  labor  in  any  workhouse  of 
the  City,  or  in  case  of  a  male  offen¬ 
der,  he  may  be  kept  at  hard  labor 
either  in  such  workhouse  or  upon 
such  public  improvements,  or  both, 
until  such  person  shall  work  out  the 
amount  of  such  fine,  at  such  rate  of 


compensation  as  the  Council  may  j 
prescribe,  for  a  time  not  exceeding 
said  commitment,  and  the  Council 
shall  have  full  power  to  establish 
all  needful  regulations  for  the 
security  of  such  persons  thus  em¬ 
ployed  and  to  prevent  escape,  and  to 
secure  proper  discipline,  and  shall 
have  power  to  establish  a  proper 
workhouse  in  the  City  for  the  pur¬ 
pose  aforesaid,  and  under  such  regu¬ 
lations  as  the  Council  may  prescribe. 
Provided,  that  in  case  the  City  prison 
is  for  any  reason  unavailable  for  the 
purpose  of  confining  or  '  punishing 
offenders,  the  county  jail  of  Washing¬ 
ton  County  may  be  used  for  that  pur¬ 
pose.  When  said  jail  is  so  used,  the 
prisoners  therein  shall  be  under  the 
control  and  custody  of  the  sheriff  of 
Washington  County.  Provided,  fur¬ 
ther,  that  the  police  of  the  City  are 
authorized  to  take  any  person  from 
said  jail  who  has  been  sentenced  to 
work  upon  any  of.  the  public  works 
or  improvements  of  the  City  for  the 
purpose  of  carrying  said  sentence  in¬ 
to  effect. 

74.  Emergency  Fiiiul. — To  pro¬ 
vide  an  emergency  fund  not  exceed¬ 
ing  three  hundred  dollars  a  year  to 
he  expended  under  the  direction  of 
the  Mayor. 

75.  Eoans. — To  borrow  money 
for  any  of  the  purposes  for  which  the 
City  is  authorized  to  provide,  and  for 
carrying  out  any  of  the  powers  which 
the  City  is  authorized  to  enjoy  and 
exercise,  and  to  issue  bonds  and  other 
evidences  of  indebtedness  therefor. 

76.  Gifts  —  Trusts. — To  receive 
bequests,  gifts  and  donations  of  all 
kinds  of  property  in  fee  simple,  or 
otherwise,  in  trust  for  charitable  and 
other  purposes,  and  to  do  all  acts 
necessary  to  carry  out  the  provisions 
of  such  bequests,  gifts,  and  donations, 
with  power  to  manage,  sell,  lease,  or 
otherwise  dispose  of  the  same,  in  ac¬ 
cordance  with  the  terms  of  the  be¬ 
quest,  gift  or  trust,  or  absolutely  in 
cases  such  bequest,  gift  or  trust  be 
unconditional. 

77.  Comiinissions — Park — Recrea¬ 
tion — Charities. — To  establish  a  park 
commission,  planning  commission, 
play  ground  or  recreation  commission 
and  a  c(^mmission  of  hospital  and  a 
commission  of  public  charities,  and 
to  appoint  commissioners  thereon,  to 
serve  without  compensation  with 
such  powers  and  duties  as  may  be 
fixed  by  the  Council. 

7  8 .  Armories — Pits — G  rave  1 — 
Stone,  Etc. — To  exercise  the  authority 


conferred  upon  cities  in  this  state  by 
Chapter  302,  Laws  1911,  as  amended 
by  Chapter  226,  Laws  1913,  of  the 
State  of  Minnesota,  and  supplemented 
by  Chapter  4,  Special  Laws  of  1912, 
in  relation  to  armories,  and  Chapter 
235,  Section  81,  Laws  1913,  relating 
to  pits  for  obtaining  gravel,  stone, 
clay  or  sand  with  or  without  right 
of  way  to  the  same. 

79.  Vital  Statistics.^ — -To  compel 
the  registration  of  births  and  deaths 
and  the  collection  of  other  vital  sta¬ 
tistics. 

80.  Powers  Not  Specified.^ — The 
particular  powers  and  authority  de¬ 
clared  by  this  charter  shall  not  be 
deemed  or  held  to  be  exclusive,  but, 
in  addition  to  the  powers  and  author¬ 
ity  specified  herein,  implied  thereby, 
or  appropriate  to  the  exercise  thereof, 
the  City  shall  have,  and  may  exercise' 
all  other  powers  and  authority,  which 
under  the  constitution  and  laws  of 
the  State  of  Minnesota  are  germane 
and  incident  to  the  subject  of  munici¬ 
pal  legislation  and  regulation,  and 
regulation,  and  which  would  be  com¬ 
petent  to  be  specified  in  this  charter. 

ARTICLE  III. 

ELECTIVE  OFFICERS  AND  GEN¬ 
ERAL  PROVISIONS. 

81.  Elective  Officers. — The  elec¬ 
tive  officers  of  the  City  shall  be  a 
Mayor,  four  Councilmen,  and  five 
School  Directors,,  one  Judge  and  one 
Special  Judge  of  the  Municipal  Court, 
except  that  the  latter  two  elective  of¬ 
ficers  shall  not  be  elected  under  the 
election  provisions  of  this  Charter, 
but  shall  be  elected  at  the  times  and 
in  the  manner  provided  by  the  State 
laws. 

82.  Elections — Terms — Qualifica¬ 
tions. — All  elective  officers  shall  be 
elected  at  large  from  the  electors  of 
the  City,  and  at  the  time  of  their 
filing  a  petition  for  nomination,  each 
nominee  shall  be  a  qualified  elector 
of  the  City,  and  the  candidates  elected 
shall  serve  for  a  term  of  four  years, 
and  until  their  successors  are  elected 
and  qualified,  said  term  commencing 
on  the  first  Monday  of  January  next 
after  their  elections;  except  that  at 
the  first  election  after  the  taking  ef¬ 
fect  of  this  Charter,  the  term  of  all 
elective  officers  shall  commence  on 
the  first  Monday  of  January,  1916, 
and  at  said  first  election,  the  Mayor 
shall  serve  until  the  first  Monday  of 
January,  1919,  and  the  two  candi¬ 
dates  for  councilmen  having  the  high¬ 
est  number  of  votes  shall  serve  until 
the  first  Monday  in  January,  1919, 


and  the  two  having;  the  next 
highest  number  of  votes,  shall 
serve  until  the  first  Monday  of 
•January,  1917;  and  the  three  candi¬ 
dates  for  School  Directors  having  the 
highest  number  of  votes,  shall  serve 
until  the  first  ^Monday  of  January, 
1919,  and  the  two  having  the  next 
highest  number  of  votes,  shall  serve 
until  the  first  Monday  of  January 
1917. 

83.  Tui'iiing  Over  Property  To 
Suooessor. — Every  elective  and  ap¬ 
pointive  officer,  shall  at  the  expira¬ 
tion  of  his  term  of  office,  in  whatso¬ 
ever  way  terminated,  turn  over  to  his 
successor  in  office,  or  to  some  proper¬ 
ly  authorized  officer  on  demand,  all 
the  books,  papers,  files,  records, 
moneys,  and  other  property  and 
things  whatsoever  pertaining  to  his 
office  or  received  by  reason  thereof. 

84.  Assuming  Duties  of  Office. — 
Any  officer  elected  or  appointed  by  the 
Council  or  Mayor  who  fails  to  qualify 
or  refuses  or  neglects  for  ten  days 
after  the  beginning  of  the  term  for 
which  he  was  elected  or  appointed, 
to  enter  upon  the  discharge  of  the 
duties  of  his  office,  shall  be  deemed 
to  have  vacated  such  office. 

85.  Failing  To  Quality — Vacan¬ 
cies  In  Office. — If  any  person  elected 
as  Mayor, or  Councilman,  shall  fail  to 
qualify  as  required  herein  after  his 
election,  or  shall  neglect  to  perform 
the  duties  of  his  office,  or  shall  absent 
himself  from  the  City,  without  the 
consent  of  the  Council  for  a  neriod 
of  thirty  days  or  shall  be  unable  by 
reason  of  sickness,  or  any  other 
cause  to  discharge  his  duties,  it  shall 
be  competent  for  the  Council  to  de¬ 
clare  his  office  vacant. 

Whenever  a  vacancy  occurs  in  the 
office  oyf  the  Mayor  or  of  any  Council¬ 
man,  the  Council  shall  elect  another 
person  to  fill  the  vacancy  for  the  un¬ 
expired  term  of  said  office, and  until 
his  successor  thereto  is  elected  and 
qualified. 

86.  Oath  of  Office. — Every  person 
elected  or  appointed  to  any  office 
shall,  before  he  enters  upon  the  duties 
cf  his  office  take  and  subscribe  to  an 
oath  of  office  and  file  the  same  in  the 
office  of  the  City  Clerk,  except  the 
oath  of  the  City  Clerk,  which  shall  be 
filed  in  the  office  of  Ine  City  Treas¬ 
urer. 

87.  Hoard  of  Equalization. — 
When  the  Mayor  and  any  Councilman 
act  as  a  Board  of  Equalization,  their 
compensation  as  members  of  said 
Board  shall  be  Five  ($5.00)  Dollars 
each  per  day  for  such  time,  as  they 


reasonably  employ  in  such  duties. 

88.  Official  Year. — The  official 
year  for  the  City  shall  begin  the  first 
Monday  in  January  of  each  year. 

AHTICEE  IV. 

ELECTIONS. 

89.  Elections,  Time  of. — Elections 
shall  be  primary,  general,  and  special 
municipal  elections.  Primary  muni¬ 
cipal  elections  shall  be  held  at  the 
same  time  as  provided  by  the  State 
laws  for  primary  elections, except  that 
no  primary  municipal  election  shall 
be  held  for  the  selection  or  candidates 
for  the  elective  officers  to  be  first 
voted  for  under  this  charter.  The 
first  general  municipal  election  shall 
be  held  on  the  second  day  of  Novem¬ 
ber,  1915,  the  second  general  muni¬ 
cipal  election  shall  be  held  on  the 
first  Tuesday  after  the  first  Monday  in 
November,  A.  D.  1916,  and  bienially 
thereafter.  All  others  shall  be  known 
as  special  municipal  elections. 

90.  Special  Elections. — Whenever 
it  becomes  necessary  to  hold  a  special 
election  under  this  charter,  the  same 
shall  be  called  by  resolution  of  the 
Council,  which  resolution  shall  fix  the 
time  therefor  and  state  the  offices  to 
be  filled  or  the  questions  to  be  decided 
thereat  and  shall  direct  the  City  Clerk 
to  give  the  necessary  notice  and  make 
the  necessary  preparation  for  the 
holding  of  such  election,  and  the 
Council  may  provide  registration  days 
similar,  as  near  as  may  be,  to  those 
herein  provided  for  primary  or  gen¬ 
eral  municipal  elections,  and  shall  ap¬ 
point  the  necessary  judges  of  election 
who  shall  appoint  the  clerks  of  elec¬ 
tion;  and  the  Council  shall  provide  all 
means  for  holding  such  special  elec¬ 
tion  in  the  same  way  and  under  the 
conditions  as  herein  enumerated  for 
primary  or  general  elections. 

91.  Voting  Precincts — Judges  and 
Clerks — Registration. — The  Council 
shall  establish  necessary  voting  pre¬ 
cincts  and  make  suitable  provision  for 
the  registering  of  the  voters  in  each 
voting  precinct  in  the  City, and  shall 
appoint  the  necessary  judges  of  elec¬ 
tion.  The  judges  of  election  shall 
appoint  the  clerks  of  election. 
The  judges  and  clerks  of  elec¬ 
tion  shall  constitute  the  judges  and 
and  clerks  of  registration.  Suitable 
books  shall  he  provided  in  which  to 
register  the  names  of  the  voters  and 
the  qualifications  of  the  voters  shall 
be  ascertained  in  the  same  manner 
and  the  registration  proceedings  con¬ 
ducted  the  same  as  provided  by  the 
general  election  laws  of  the  State. 

9  2.  First  Election, — At  the  first 


general  election  after  the  taking  ef¬ 
fect  of  this  charter,  nominations  of 
elective  ofhcers  shall  be  by  petition, 
in  the  same  manner  as  provided  in 
this  article  for  primary  nominations 
and  the  names  of  all  candidates  thus 
nominated  shall  appear  on  the  ballots 
for  said  first  election. 

93.  Nominations. — The  nomina¬ 
tions  of  all  elective  officers  shall  be 
by  petition. 

94.  Petition  for  Nomination — 
Certificates. — The  petition  for  the 
nomination  of  each  candidate  shall 
consist  of  not  less  than  twenty  (20) 
individual  certificates.  Each  certifi¬ 
cate  shall  be  of  uniform  size, to  be 
determined  by  the  City  Clerk;  each 
certificate  shall  be  signed  and  verified 
by  only  one  elector,  and  shall  contain 
the  name  of  only  one  candidate.  If 
an  elector  signs  more  certificates  thap 
there  are  offices  to  be  filled,  only 
those  certificates  equal  in  number  to 
the  offices  to  be  filled,  which  are  first 
filed  with  the  City  Clerk,  shall  be 
valid. 

9  5.  Form  of  Certificate. — The 
form  of  the  certificate  shall  be  sub¬ 
stantially  as  follows: 

INDIVIDUAL  NOMINATION 
CERTIFICATE. 

I  do  hereby  join  in  a  petition  for 

the  nomination  of . ■ 

whose  residence  is  at  No . 

. Street,  Stillwater, 

for  the  office  of . 

to  be  voted  for  at  the  primary  munici¬ 
pal  election  to  be  held  in  the  City 

on  the . day  of . . 

19.  .  .  .,  and  I  certify  that  I  am  qual¬ 
ified  to  vote  for  candidates  for  said 
offices  and  am  not  at  this 
time  a  signer  of  more  certifi¬ 
cates  nominating  candidates  for  City 
elective  officers  than  there  are  offices 
to  be  filled;  that  my  residence  is  at 

No .  Street, 

Stillwater,  and  that  my  occupation  is 


(Signed) 

STATE  OP  MINNESOTA,  County  of 
Washington. ss. 

. being 

first  duly  sworn, deposes  and  says; 
that  he  is  the  person  who  signed  the 
foregoing  certificate,  and  that  the 
statements  therein  are  true. 

(Signed) . 

Subscribed  and  sworn  to  before 

me  this . day  of . , 

A.  D.  19.  .  .  . 

Notary  Public,  Washington, 
County,  Minn. 

My  Commission  expires . 

The  petition  of  nomination  of  which 


this  certificate  forms  a  part,  if  found 

defective,  shall  be  returnea  to . 

.  at  No . 

Street,  Stillwater. 

9  6.  Piling  Petition. — The  petition 
consisting  of  at  least  twenty  sufficient 
certificates,  shall  be  presented  to  the 
City  Clerk  for  filing  not  earlier  than 
forty,  and  not  later  than  thirty  days, 
before  the  primary  election.  The  City 
Clerk  shall  endorse  thereon  the  date 
of  its  presentation  and  by  whom  pre¬ 
sented.  If  the  petition  be  sufficient, 
he  shall  file  the  same  at  once. 

9  7.  Defective  Petitions. — If,  upon 
examination  by  the  City  Clerk,  the 
petition  be  found  not  to  conform  to 
the  provisions  of  this  charter,  he  shall 
state  immediately,  in  writing,  on  said 
petition,  why  it  cannot  be  filed.  He 
shall  then,  within  two  days, return  the 
defective  petition  personally  or  by 
mail,  to  the  person  designated  for 
that  purpose  therein.  Within  five 
days  of  its  return  by  the  City 
Clerk,  the  petition  may  be  amended 
and  again  presented  for  filing.  The 
procedure  in  the  case  of  an  amended 
petition  shall  be  the  same  as  in  the 
case  of  an  original  petition.  Pro¬ 
vided, .  however,  that  the  City  Clerk 
shall  not  file  any  amended  petition 
later  than  twenty-five  days  before  the 
primary  election. 

9  8.  iVcceptance  of  Nomination. — 
Any  person  nominated  under  this 
article  shall  file  his  acceptance  with 
the  City  Clerk  not  later  than  twenty 
days  before  the  day  of  primary  elec¬ 
tion;  and  in  the  absence  of  such  ac¬ 
ceptance,  the  name  of  the  candidate 
shall  not  appear  on  the  ballot.  Such 
acceptance  shall  be  substantially  in 
the  following  form: 

STATE  OP  MINNESOTA,  County  of 

Washington,  ss. 

I,  .  having 

heretofore  been  nominated  for  the  of¬ 
fice  of .  of 

the  City  of  Stillwater,  do  hereby  ac¬ 
cept  said  nomination.  I  am  not  a 
candidate  as  a  nominee  or  representa¬ 
tive  of,  or  because  of  any  promised 
support  from,  any  political  party, or 
any  committee  or  convention  repre¬ 
senting  or  acting  for  any  political 
party  or  organization. 

Signed  . 

Subscribed  and  sworn  to  before  me 

this . day  of . 

A.  D.  19 . 


Notary  Public,  Washing 
County,  IMinn. 

My  Commission  expires . 

99.  Withdrawal  of  Acceptance. — 


Any  person  who  has  filed  such  ac¬ 
ceptance  may  withdraw  his  name  from 
the  nomination  at  any  time  not  less 
than  eighteen  days  before  the  pri¬ 
mary  election,  by  written  notice  to 
the  City  Clerk. 

100.  City  Clerk  to  Siipi)ly  Forms 

It  shall  be  the  duty  of  the  City  Clerk, 
upon  application,  to  furnish  a  reason¬ 
able  number  of  forms  of  such  indivi¬ 
dual  certificates,  and  of  acceptances 
of  nominations.  , 

101.  Pi*eser  vat  ions  of  domina¬ 
tions. — The  City  Clerk  shall  preserve 
in  his  office,  for  a  period  of  four 
years,  all  papers  relative  to  nomina¬ 
tions. 

102.  Preparation  of  Jjists — Pub¬ 
lishing. — The  City  Clerk  on  the  fif¬ 
teenth  day  before  every  primary  elec¬ 
tion,  shall  prepare  and  file  in  his  office 
a  certificate,  containing  a  complete  list 
of  the  offices  to  be  filled,  and  stating 
the  term  of  each  said  office,  and  the 
candidates  for  each  office  who  are  en¬ 
titled  to  have  their  names  appear  up¬ 
on  the  ballot.  The  City  Clerk  shall 

’  cause  to  be  published  once  each  week 
for  two  successive  weeks,  in  the  official 
paper  of  the  City,  before  the  day  of 
primary  election,  an  election  notice, 
which  shall  contain  a  copy  of  the  cer¬ 
tificate  above  described, and  also  the 
time  and  place  of  holding  such  prim¬ 
ary  election.  A  copy  of  such  notice 
shall  be  posted  at  all  polling  places 
seven  days  before  the  day  of  primary 
election. 

103.  Printing  Ballots. — The  City 


Clerk  shall  cause  ijallots  for  each 
primary,  general  or  special  election 
to  be  prepared,  printed  and  authenti¬ 
cated.  The  ballots  shall  contain  a 
complete  list  of  the  offices  to  be  filled, 
and  the  names  of  the  candidates  nom¬ 
inated  therefor. 

104.  Form  of  Ballots. — Except 
that  the  crosses  shown  below  shall  be 
omitted,  and  that  in  place  of  the 
initials  shown  below,  there  shall  ap¬ 
pear  the  names  of  persons  who  are 
candidates  for  nomination,  the  prim¬ 
ary  ballots  shall  be  substantially  as 
follows: 

PRIMARY  MUNICIPAL  ELECTION. 

CITY  OP  STILLWATER. 

(Insert  date  thereof.) 

INSTRUCTION. 

*  Councilmen. — o  t  e  for  (Insert 
number  equal  to  number  of  persons 
to  be  nominated  to  office  of  Council- 
men.)  If  more  or  less  than  (insert 
number)  be  voted,  the  votes  for  this 
office  will  not  be  counted. 

School  Directors. — Vote  for  (in¬ 
sert  number  equal  to  number  of  per¬ 
sons  to  be  nominated  as  School  Direc¬ 
tors).  If  more  or  less  than  (insert 
number)  be  voted,  the  votes  for  this 
office  will  not  be  counted. 

If  you  wrongly  mark,  tear  or  spoil 
this  ballot  return  it  and  obtain  an¬ 
other  from  the  election  officers. 

To  vote  for  a  person  whose  name 
is  printed  on  the  ballot,  make  a  cross 
(X)  after  his  name  in  the  square  in¬ 
dicated  by  the  arrow. 


0  ^ 


CANDIDATES  FOR  NOMINATION 
TO  THE  OFFICE  OF  MAYOR. 


A.  B. 


C.  D. 


CANDIDATES  FOR  NOMINATION  TO 
THE  OFFICE  OF  COUNCILMAN. 


E.  F. 


G.  H. 


I.  J. 


K.  L. 


X 


X 


X 


X 


X 


X 


•  o 


CD 

o  ^ 

CD  P  O 
O  ‘-i 

P  g  CD 

cf  O  aj 

CD  P  CQ 
&  CD  _ 


o 
o'  p 

CD  i-J 


CANDIDATES  FOR  NOMINATION  TO 
THE  OFFICE  OF  SCHOOL  DIRECTOR. 


M.  N. 

X 

O.  P. 

X 

Q.  R. 

X 

S.  T. 

X 

U.  V. 

X 

\ 

* 

I 


D 


CD 


O  g 
CD 

O 


o 


o 

p 

p 


p 
o 
CD  P 
CL  CD 


'  ‘ts 
H-  O 
CD  't 
CQ 
02 

P'  < 

p  • 


cr  <i 

CD  CD 


Charter  amendments  or  franchise  ordinances  to  be  voted  upon  to 
appear  here. 


Vote  for  FOUR 


105.  Form  c)f  General  or  Si>eoiaI 
Ballots. — Ballots  for  general  or  spe¬ 
cial  municipal  elections  shall  be 
similar  in  form  to  those  of  primary 
ballots,  except  as  otherwise  provided 
in  this  charter,  and  except  that  the 
word  “General”  or  “Special”  shall  be 
inserted  in  place  of  “Primary,”  and 
that  immediately  over  the  names  of 
the  regular  nominated  candidates  for 
each  office  shall  appear  “For  Mayor,” 
“For  Councilnien,”  “For  School  Di¬ 
rector.” 

106.  Ballots  for  Female  Votes. — 
Separate  ballots  for  female  voters 
shall  be  printed  similar  in  form  to 
primary  ballots  and  shall  have  in¬ 
serted  at  the  top  thereof — “Ballots 
for  Women” — said  ballots  shall  omit 
the  names  of  all  candidates  except 
the  candidates  for  offices  which  may 
be  voted  by  female  voters. 

107.  Excess  or  Less  Votes — Not 
Counted. — No  votes  shall  be  counted 
for  candidates  for  any  office  on  any 
ballot,  if  the  number  of  candidates 
voted  for  is  more  or  less  than  the 
number  of  candidates  to  be  elected 
for  any  such  office,  and  instructions 
to  this  effect  shall  be  printed  at  the 
head  of  the  ballot.  The  votes  for  all 
candidates  for  other  offices  on  such 
ballot  properly  voted,  shall  be 
counted. 

108.  Unifomi  Ballots  —  Arrange¬ 
ment  of  Names. — All  official  ballots 
used  at  any  election  shall  be  identical 
in  form  and  the  names  of  candidates 
for  each  office  shall  be  arranged  in 
alphabetical  order  of  surnames. 

109.  Sample  Ballots. — The  Cit}’ 
Clerk,  at  least  ten  days  before  the 
election  shall  cause  to  be  printed  not 
less  than  one  thousand  sample  bal¬ 
lots,  upon  paper  of  different  color 
but  otherwise  identical,  except  num¬ 
bering,  with  the  ballot  to  be  used  at 
the  election,  and  shall  distribute  the 
same  to  registered  voters  at  his 
office.  Sample  ballots  shall  be  posted 
at  the  polls  on  election  day. 

110.  Counting  Votes — Canvass  of 
Returns. — As  soon  as  the  polls  are 
closed,  the  precinct  election  officers 
shall  open  the  ballot  boxes,  take 
therefrom  and  count  the  ballots  and 
enter  the  total  number  thereof  on 
the  tally  sheets  provided  therefor, 
and  make  return  thereof  to  the  City 
Clerk,  as  provided  by  the  State  law. 

111.  Candidates  Nominated — Pri¬ 
mary  Election. — The  candidates  for 
nomination  to  each  office  who  shall 
have  received  the  greatest  vote  in 
such  primary  election  shall  be  placed 
on  the  ballot  at  the  next  general 


municipal  election,  in  number  not  to 
exceed  double  the  number  of  vacan¬ 
cies  in  each  office  to  be  filled. 

112.  Candidates  Elected — General 
Election. — At  any  general  municipal 
election  the  candidates  for  each 
office  in  number  equal  to  the  vacan¬ 
cies  to  be  filled,  who  shall  have  re¬ 
ceived  the  greatest  number  of  votes 
cast,  shall  be  declared  elected. 

113.  Tie  Votes. — A  tie  between 
two  or  more  candidates  shall  be 
determined  by  lot,  under  the  direc¬ 
tion  of  the  canvassing  board. 

114.  Informalities. — No  informal¬ 
ities  ill  conducting  municipal  elec¬ 
tions  shall  invalidate  the  same,  if 
they  be  conducted  fairly  and  in  sub¬ 
stantial  conformity  with  the  require¬ 
ments  of  this  charter. 

115.  Expenditure  of  Money  on 
Election. — 

(a)  All  expenditure  of  money  in 
aid  of  the  election  of  candidates, 
except  for  holding'  public  meetings 
and  advertising,  printing  and  dis¬ 
tributing  literature,  is  prohibited, 
and  the  total  expenditure  on  behalf 
of  any  one  candidate,  whether  direct¬ 
ly  or  indirectly,  and  whether  by  him¬ 
self  alone  or  otherwise,  shall  not  ex¬ 
ceed  Two  Hundred  Dollars  ($200.00.) 

(b)  No  candidate  or  any  other 
person,  association  or  organization 
on  his  behalf,  directly  or  indirectly, 
shall  pay  or  cause  any  person  to  be 
paid,  in  cash,  or  by  any  other  ma¬ 
terial  inducement,  for  work  for  his 
election  at  the  polls  on  election  day. 
No  candidate  shall  directly  hire,  use 
or  cause  to  be  hired  in  aid  of  his 
candidacy,  on  the  day  of  the  muni¬ 
cipal  election,  any  automobile,  car¬ 
riage  or  other  vehicle  for  the  pur¬ 
pose  of  transporting  voters  to  or 
from  the  polls. 

(c)  A  violation  of  any  of  the  pro¬ 
visions  of  this  section  by  any  candi¬ 
date  or  by  any  person,  association 
or  organization  in  his  behalf,  shall 
disqualify  him  for  holding  the  office 
for  which  he  is  a  candidate. 

(d)  Every  elective  officer,  at  the 
time  he  takes  his  oath  of  office,  shall 
make  and  file  with  the  City  Clerk 
an  oath  that  he  has  not  violated  any 
of  the  provisions  of  this  section, 
which  oath  shall  enumerate  specifi¬ 
cally  the  prohibitions  in  this  section, 
and  shall  contain  a  complete  item¬ 
ized  statement  of  expenditures  of 
money,  or  of  the  giving  of  any  other 
consideration  or  promise,  by  him  or 
by  any  other  person  in  his  behalf  in 
such  election. 

(e)  If  any  person,  directly  or  in- 


directly,  shall  pay,  or  cause  any  per¬ 
son  to  be  paid,  in  cash  or  by  other 
material  inducement,  for  work  for 
any  candidate  at  the  polls  on  elec¬ 
tion  day,  he  shall  be  guilty  of  a  mis¬ 
demeanor. 

116.  State  liaws  Applicable. — Ex¬ 
cept  as  otherwise  provided  in  this 
charter,  the  provisions  of  any  state 
law,  now  or  hereafter  in  force,  so 
far  as  they  may  be  applicable,  relat¬ 
ing  to  the  qualifications  and  registra¬ 
tions  of  electors,  the  manner  of  vot¬ 
ing,  the  duties  of  election  ofiicers, 
the  canvassing  of  returns,  and  all 
other  provisions  with  respect  to  the 
management  of  elections,  shall  apply 
to  all  municipal  elections. 

117.  Preparation  for  First  Elec¬ 
tion — Canvassing  Board. — The  Coun¬ 
cil  and  City  Clerk  of  the  City,  at  the 
time  of  the  taking  effect  of  this 
charter,  shall  make  preparation  for, 
and  cause  to  be  held,  the  first  elec¬ 
tion  thereunder,  and  said  Council 
shall  constitute  the  canvassing  board 
for  the  canvass  of  the  votes  at  said 
first  election;  all  subsequent  elections 
shall  be  conducted  in  the  manner 
elsewhere  provided  for  in  this  chat¬ 
ter,  and  the  Council  herein  consti¬ 
tuted  shall  be  the  canvassing  board 
for  all  such  subsequent  elections. 

ARTICLE  V. 

THE  COUNCIL 

118.  Council  Members. — The 
Council  shall  consist  of  the  Mayor, 
and  four  Councilmen,  elected  at 
large  in  the  manner  specified  in 
Article  III,  all  of  whom  shall  serve 
without  compensation.  The  Council 
shall  be  the  governing  body  of  the 
Municipality,  and  shall  exercise  the 
corporate  power  of.  the  City,  except 
as  denied  or  limited  by  this  charter, 
and  shall  be  vested  with  all  powers 
of  legislation  in  Municipal  affairs, 
adequate  to  a  complete  system  of 
local  government,  consistent  with  the 
constitution  and  laws  of  the  State. 

119.  President  of  Council. — The 
Mayor  shall  be  President  of  the 
Council  and  shall  preside  at  its  meet¬ 
ings  and  he  shall  have  a  right  to 
vote  upon  all  propositions,  matters 
and  questions  coming  before  the 
Council,  but  shall  have  no  veto 
power.  The  Council  shall  elect  one 
of  its  members  to  be  Vice  President. 

120.  Meetings — Time^ — Place. — 
The  Council  shall  provide  for  the 
time  and  place  of  holding  its  meet¬ 
ings  and  the  manner  in  which  its 
special  meetings  may  be  called. 

121.  Open  to  Public. — All  legis¬ 
lative  sessions  of  the  Council, 


whether  regular  or  special,  shall  be 
open  to  the  public. 

122.  Quorum. — A  majority  of  the 
members  of  the  Council  shall  con¬ 
stitute  a  quorum  for  the  transaction 
of  business. 

123.  Rules. — The  Council  shall 
establish  rules  for  its  proceedings. 

124.  Ordinance  Procedure. — 
Ordinances  and  resolutions  shall  be 
enacted,  amended  and  recorded  under 
the  following  regulations,  viz.: 

(a)  The  ayes  and  noes  shall  be 
taken  upon  the  passage  of  all 
ordinances  and  resolutions  and  en¬ 
tered  upon  the  journal  of  the  pro¬ 
ceedings  of  the  Council. 

(b)  No  ordinance  or  resolution 
shall  be  passed  without  receiving  the 
affirmative  votes  of  at  least  three 
members  of  the  Council. 

(c)  Every  ordinance  or  resolu¬ 
tion,  except  an  ordinance  making 
appropriations,  shall  be  confined  to 
one  subject  which  shall  be  clearly 
stated  in  the  title,  and  every  ordin¬ 
ance  making  appropriations  shall  be 
confined  to  the  subject  of  appropri¬ 
ations.  If  any  subject  shall  be  em¬ 
braced  in  an  ordinance  which  shall 
not  be  expressed  in  its  title,  such 
ordinance  shall  be  void  only  as  to  so 
much  thereof  as  shall  not  be  ex¬ 
pressed  in  its  title. 

(d)  The  enacting  clause  of  all 
I  ordinances  passed  by  the  Council 
I  shall  be  in  these  words: — “The  Coun- 
j  cil  of  the  City  of  Stillwater,  do  ordain 

as  follows:  ” 

(e)  To  constitute  an  ordinance  a 
bill  must  receive  two  readings  pre¬ 
vious  to  its  passage,  but  shall  not 
be  read  at  any  other  than  regular 
sessions,  nor  twice  at  the  same  ses¬ 
sion.  The  second  reading  shall  be 
by  sections,  at  which  time  amend- 
i  ments  may  be  offered,  but  the  read¬ 
ing  of  a  section  shall  not  preclude 
the  offering  of  an  amendment  to  a 
preceding  one. 

(f)  When  any  bill  is  put  upon 
its  final  passage  and  fails  to  pass, 
and  a  motion  is  made  to  reconsider, 
the  vote  upon  such  motion  shall  not 
be  taken  except  at  a  meeting  of  the 
Council  held  not  less  than  one  week 
after  the  meeting  at  which  such 
motion  was  made. 

(g)  All  resolutions  and  ordin¬ 
ances  shall  be  signed  by  the  Mayor, 
attested  by  the  City  Clerk,  and  pub¬ 
lished,  as  provided  in  this  article 
once  in  the  official  paper  of  the  City, 
within  ten  days  after  their  passage. 

(h)  No  ordinance  shall  be  re¬ 
vised,  re-enacted  or  amended  by  ref- 


erence  to  its  title  only;  but  the 
ordinance  to  be  revised,  amended  or 
re-enacted,  or  the  section  thereof  to 
be  amended  or  the  new  section  or 
sections  to  be  added  thereto,  shall  be 
set  forth  and  adopted  in  the  method 
provided  in  this  section  for  the 
adoption  of  ordinances. 

(i)  No  ordinance  or  section 
thereof  shall  be  repealed  or  amended, 
except  by  ordinance  adopted  in  the 
manner  provided  in  this  section. 

(j)  No  ordinance  for  the  grant¬ 
ing  of  any  franchise  shall  be  put 
upon  its  final  passage  within  thirty 
days  after  its  introduction. 

(k)  A  true  and  correct  copy  of 
all  ordinances  shall  be  kept  and 
certified  to  by  the  City  Clerk  in  a 
book  marked  “City  Ordinances,”  such 
record  copy,  with  such  certificate,  or 
the  original  ordinance  shall  be  prima 
facie  evidence  of  the  contents  of  the 
ordinance  and  of  the  due  passage 
and  publication  of  the  same,  and 
shall  be  admissible  as  such  in  any 
court  or  proceeding.  Nothing  herein 
contained  shall  be  construed  to  pre¬ 
vent  the  proof  of  the  passage  and 
publication  of  an  ordinance  in  the 
usual  way. 

125.  Coimcilmen — Failure  to 
Vote. — Any  member  of  the  Council 
who  being  present  w’hen  his  name  is 
called,  fails  to  vote  upon  any  then 
pending  proposition,  shall  be  counted 
as  having  voted  in  the  negative. 

12  6.  Council  Meeting  Records- — 
Who  to  Sign. — It  is  hereby  made  the 
duty  of  the  Mayor,  or  in  case  of  his 
absence  or  disability,  or  in  case  of 
vacancy  in  his  office,  the  person  desig¬ 
nated  in  Section  132,  to  sign  the  City 
Clerk’s  records  of  the  proceedings  of 
each  meeting  of  the  Council,  when 
said  record  has  been  approved  and 
is  presented  to  the  Mayor  for  his 
signature. 

127.  Resolutions — Publication  of. 

In  publication  5f  resolutions  that 
may  be  included  in  the  publication 
of  the  proceedings  of  the  Council, 
such  resolutions  shall  be  printed  with 
the  dates  of  their  approval  without 
appending  the  signature  to  such 
resolutions. 

128.  Council  Members — Holding 
Other  Offices. — No  member  of  the 
Council  shall  hold  any  other  Muni¬ 
cipal  office  or  employment,  the  com¬ 
pensation  of  which  is  paid  out  of  the 
Municipal  moneys,  except  as  a  mem¬ 
ber  of  the  Board  of  Equalization;  or 
be  elected  or  appointed  to  any  office 
created  or  the  compensation  of  which 
is  increased  by  the  Council  while  he 


was  a  member  thereof  until  one  year 
after  the  expiration  of  the  term  for 
which  he  was  elected. 

129.  Ordinances  —  Chissification 
of. — The  Council,  during  the  first 
year  of  its  organization  under  this 
charter  and  from  time  to  time  there¬ 
after,  shall  cause  all  ordinances  in 
force  to  be  classified  under  proper 
heads,  and,  together  with,  or  separ¬ 
ately  from  this  charter,  and  such 
provisions  of  the  constitution  and 
laws  of  the  State  as  the  Council  may 
deem  expedient,  tp  be  published  in 
book  form. 

ARTICLE  VI. 

THE  MAYOR 

130.  Mayor — -Duties. — -The  Mayor 
shall  be  the  chief  executive  officer  of 
the  City  and  shall  serve  without 
compensation.  He  shall  see  that 
the  laws  of  the  State,  the  provisions 
of  this  charter,  and  the  ordinances, 
resolutions,  regulations,  by-laws  and 
orders  of  the  City  are  duly  observed 
and  enforced  within  the  City;  he 
shall  be  charged  with  the  general 
oversight  of  the  police  department  of 
the  City,  and  shall  see  that  all  con¬ 
tracts  made  with  the  City  are  faith¬ 
fully  performed. 

131.  Member  of  Council. — The 
Mayor  shall  be  a  member  of  the 
Council,  and  have  a  right  to  vote 
upon  all  propositions,  matters  and 
questions  coming  before  it,  but  shall 
have  no  veto  power. 

132.  Absence  of  Mayor  —  Who 
Acts  Pro  Tempore. — During  the  tem¬ 
porary  absence  or  disability  of  the 
Mayor,  the  Vice  President  of  the 
Council  shall  act  as  Mayor  pro 
tempore.  In  case  of  the  temporary 
absence  or  disability  of  both  the 
Mayor  and  the  Vice  President,  the 
Council  shall  elect  one  of  its  mem¬ 
bers  to  be  Mayor  pro  tempore.  In 
case  of  vacancy  in  the  office  of  Mayor, 
the  Vice  President  of  the  Council 
shall  act  as  Mayor  until  such  vacancy 
can  be  filled,  as  provided  in  this 
charter. 

133.  Annual  and  Other  Recom¬ 
mendations,  Etc. — The  Mayor  shall 
annually  and  from  time  to  time  give 
the  Council  such  information  relative 
to  the  affairs  of  the  City  and  recom¬ 
mend  to  its  consideration  such  mat¬ 
ters  as  he  may  deem  expedient. 

134.  Public  Utility  Companies — 
Franchises. — The  Mayor  shall  be 
charged  with  the  general  supervision 
of  all  public  utility  companies  so  far 
as  they  are  subject  to  law  and  muni¬ 
cipal  control,  and  he  shall  keep  him¬ 
self  informed  as  to  their  compliance 


ill  all  respects  with  the,  law,  and 
shall  see  that  all  franchises  granted 
by  the  City  are  faithfully  observed. 

135.  Instituting  Actions^ — Public 
Utility  Companies^ — Franchises. — The 
Mayor,  when  directed  by  the  Council, 
shall  cause  to  be  instituted  such 
actions  or  proceedings  as  may  be 
necessary  to  prosecute  public  utility 
companies  for  violations  of  law,  and 
to  revoke,  cancel,  or  annul  all  fran¬ 
chises  granted  by  the  City  to  any 
person,  firm  or  corporation  which 
have  become  forfeitable  in  whole  or 
in  part,  or  which,  for  any  reason,  are 
illegal  and  void.  The  City  Attorney 
on  demand  of  the  Mayor,  must,  insti¬ 
tute  and  prosecute  the  necessary 
actions  to  enforce  the  provisions  of 
this  section. 

13  6.  Other  Powers  and  Duties. — 
The  Mayor  shall  exercise  such  other 
powers  and  perform  such  other  duties 
as  may  be  prescribed  by  law  and 
ordinance. 

ARTICLE  VII. 

ADMINISTRATION  OF  CITY 
AFFAIRS 

137.  The  Fiscal  Year. — The  fiscal 
year  of  the  City  shall  commence  up¬ 
on  the  first  day  of  January  and  end 
the  thirty-first  day  of  December  in 
each  year. 

13  8.  City  Officials, — The  admin¬ 
istrative  powers,  authority  and  duties 
of  the  various  City  Officials,  not 
otherwise  provided  for,  shall  be 
determined  and  assigned  among  such 
City  Officials  by  the  Council,  under 
such  rules,  regulations  and  orders 
as  may  be  necessary  or  proper  to 
secure  economy  and  efficiency.  No 
official  or  employee  shall  contract 
debts  to  bind  the  City,  or  make  any 
improvements  in  the  City,  unless 
authorized  by  a  majority  vote  of  the 
Council. 

139.  Appointment  of  City  Offi¬ 
cials. — The  chief  officials  of  the  City 
shall  be  a  City  Clerk,  City  Treasurer, 
City  Attorney,  City  Engineer,  City 
Assessor,  Chief  of  Police,  Chief  of 
Fire  Department,  and  a  Health  Com¬ 
missioner  who  shall  be  a  person 
authorized  to  practice  medicine  under 
the  State  laws.  The  Chief  of  Police 
shall  be  appointed  by  the  Mayor,  and 
said  appointment  shall  be  confirmed 
by  the  Council.  All  other  chief  offi¬ 
cials  shall  be  appointed  by  a  ma¬ 
jority  vote  of  the  Council,  and  may 
be  removed  by  a  majority  vote  of 
the  Council.  Whenever  the  Council 
by  a  majority  vote  deems  it  essen¬ 
tial,  the  functions  and  duties  of  two 
or  more  officials  may  be  combined 


and  placed  in  charge  of  one  official. 
After  the  election  of  its  members, 
the  Council  shall  at  its  first  meeting, 
or  within  forty  days  thereafter  ap¬ 
point  the  chief  officials  of  the  City, 
and  prescribe  their  respective  duties 
and  responsibilities,  and  within  the 
same  time  the  Mayor  shall  appoint 
the  Chief  of  Police.  Any  vacancy  of 
said  chief  officials  occurring  from  any 
cause  whatsoever  shall  be  filled  by 
appointment,  as  provided  herein. 

140.  Bonds. — The  Council  shall 
fix  the  amount  of  the  bonds  to  be 
required  of  appointive  officers  and 
the  methods  of  their  approval.  The 
approval  of  said  bonds  must  be  en¬ 
dorsed  thereon  and  signed  by  the 
officer  or  officers  approving  the  same. 
All  bonds  when  approved,  shall  be 
filed  in  the  office  of  the  City  Clerk, 
except  the  bonds  of  the  City  Clerk, 
which  shall  be  filed  in  the  office  of 
the  City  Treasurer.  The  provisions 
of  the  laws  of  the  State,  relating  to 
official  bonds,  not  inconsistent  with 
this  charter  shall  be  complied  with, 
and  if  any  bond  of  any  surety  or 
bonding  company  be  accepted  in  ac¬ 
cordance  with  said  laws,  the  cost 
thereof  may  be  defrayed  by  order  of 
the  Council  or  proper  Board. 

141.  Creating  and  Discontinuing 
Offices. — The  Council  shall  have 
power  to  create  and  discontinue 
offices  and  employments  other  than 
those  prescribed,  to  provide  the 
methods  of  filling  them  and  prescribe 
the  duties  pertaining  thereto  accord¬ 
ing  to  its  judgment,  as  the  needs  of 
the  City  may  require.  Any  person  so 
appointed  may  be  removed  at  any 
time  by  a  majority  vote  of  the 
Council. 

142.  Failure  to  Perform  Duties — 
Removal. — All  persons  holding  any 
office  or  employment  under  the  City, 
whether  elective  or  appointive,  shall 
be  required  to  engage  in  the  actual 
work  of  the  office  or  employment  so 
held,  to  the  extent  that  their  services 
may  be  necessary  for  the  full  and 
complete  discharge  of  the  duties  of 
said  office  or  employment,  and  a 
failure  so  to  do  shall  be  ground  for 
removal. 

143.  Compensation  of  City  Offi¬ 
cials  —  Employees. — The  compensa¬ 
tion  of  all  City  officials,  provided  for 
by  sectionl39,  shall  be  by  salary  to 
be  fixed  by  the  Council.  The  Council 
shall  also  fix  the  compensation  of  all 
other  officers  and  employees  of  the 
City,  except  as  otherwise  provided  in 
this  charter.  No  officer  or  employee 
shall  be  allowed  any  fees,  rewards. 


1 


I 


or  compensation,  other  than  the  sal¬ 
ary  or  compensation  fixed  by  the 
Council,  but  all  fees  received  by  him 
in  connection  with  his  official  duties 
shall  be  paid  into  the  City  Treasury. 

14  4.  System  of  Accoiiiitiiig; — Aii- 
liiuil  Reports — Annual  I n ventoriCvS — 

Annual  Amlit. — Upon  the  taking 
effect  of  this  charter  the  Council 
shall  cause  to  be  taken  an  inventory 
and  appraisal  of  all  City  property 
and  its  various  Boards  and  shall 
cause  to  be  devised,  installed  and 
maintained  a  practical  and  complete 
system  of  accounting,  for  the  City 
and  its  various  Boards,  showing  all 
assets  and  liabilities  of  the  City,  and 
a  record  in  detail  of  all  the  financial 
transactions  of  the  City  including  its 
various  Boards.  Within  thirty  days 
after  the  end  of  each  fiscal  year,  the 
Council  shall  require  in  such  form 
as  it  shall  prescribe  annual  financial 
and  operating  statements  which  shall 
include  inventories  of  all  City  prop¬ 
erty  in  charge  of  officials  and  its 
various  Boards,  and  which  shall  also 
include  the  cash  receipts  and  dis¬ 
bursements.  Within  sixty  days  after 
the  end  of  each  fiscal  year  the  Coun¬ 
cil  shall  require  the  City  Clerk  to 
make  a  report  which  shall  incli^de  a 
general  balance  sheet  exhibiting  the 
assets  and  liabilities  of  the  City,  and 
its  various  Boards,  with  summaries 
of  income  and  expenditures,  and  with 
such  other  clear  and  comprehensive 
statements  as  shall  show  the  effect  of 
•each  year’s  transactions  upon  the 
finances  of  the  City  and  its  various 
Boards,  including  a  comparative 
statement  under  proper  classifications 
with  the  previous  fiscal  year.  Im¬ 
mediately  after  the  filing  of  the  an¬ 
nual  report  by  the  City  Clerk,  the 
Council  shall  cause  an  audit  to  be 
made  of  the  books  of  account,  rec¬ 
ords  and  transactions  of  the  City  and 
its  various  Boards,  for  the  past  fiscal 
year.  Such  annual  audit  shall  be 
made  by  the  State  Public  Examiner 
or  an  expert  accountant  and  the  re¬ 
port  of  such  audit  shall  be  filed  in 
the  office  of  the  City  Clerk.  All  bal¬ 
ance  sheets,  statements,  inventories, 
reports  and  audits  as  required  here¬ 
in,  shall  be  kept  in  the  office  of  the 
City  Clerk  as  public  records.  The 
annual  report  of  the  City  Clerk,  to¬ 
gether  with  the  report  of  the  auditor, 
or  condensed  summaries  thereof, 
shall  be  published  once  in  the  official 
newspaper  or  printed  as  a  circular  or 
in  pamphlet  form  for  distribution  to 
any  citizen  applying  for  a  copy  of 
same. 


145.  Oflicials  and  Emidoyees — ’I'o 
Have  No  Interest  in  Contracts,  Etc. — 
No  official  or  employee  of  the  City, 
elected  or  appointed,  shall  be  inter¬ 
ested,  directly  or  indirectly,  in  any 
contract  or  job  for  work  or  ma¬ 
terials,  or  the  profits  thereof,  or 
services  to  be  furnished  or  per¬ 
formed  for  the  City;  and  no  such 
official  or  employee  shall  be  inter¬ 
ested,  directly  or  indirectly,  in  any 
contract  or  job  for  v/ork  or  ma¬ 
terials,  or  the  profits  thereof,  or 
services  to  be  furnished  or  performed 
for  any  person,  firm  or  corporation 
operating  interurban  railway,  street 
railway,  gas  works,  water  works, 
electric  light  or  power  plant,  heating 
plant,  telegraph  line,  telephone  ex¬ 
change  or  other  public  utility,  within 
the  territorial  limits  of  the  City.  No 
such  official  or  employee  shall  accept 
or  receive,  directly  or  indirectly,  from 
any  person,  firm  or  corporation  oper¬ 
ating  within  the  territorial  limits  of 
the  City,  any  interurban  railway, 
street  railway,  gas  works,  electric 
light  or  power  plant,  heating  plant, 
telegraph  line  or  telephone  exchange, 
or  other  business  using  or  operating 
under  a  public  franchise,  any  frank, 
free  ticket,  or  free  service,  or  accept 
or  receive,  directly  or  indirectly,  from 
any  such  person,  firm  or  corporation, 
any  other  service  upon  terms  more 
favorable  than  is  granted  to  the 
public  generally.  Such  prohibition 
or  free  transportation  shall  not  ap¬ 
ply  to  policemen  or  firemen  in  uni¬ 
form.  Any  violation  of  the  provi¬ 
sions  of  this  section  shall  be  a  mis¬ 
demeanor,  and  every  such  contract 
or  agreement  shall  be  void,  and  any 
contract  or  agreement  made  in  con¬ 
travention  of  this  section  shall  be 
void. 

14  6.  Qualifications  of  Appointees 
— Tlemoval. — All  appointments  to 
positions  under  the  City  government 
shall  be  made  strictly  on  merit  and 
qualification  for  particular  service 
and  none  shall  be  made  or  withheld 
by  reason  of  religious  or  political 
opinions  or  affiliations  or  political 
services,  and  no  appointment  to  or 
selection  for,  or  removal  from  any 
office  or  employment  and  no  transfer, 
promotion,  reduction,  reward  or  pun¬ 
ishment  shall  be  affected  in  any  man¬ 
ner  by  such  opinion,  affiliations  or 
services,  or  anything  other  than 
merit  and  qualification  to  perform 
efficiently  the  services  required. 

ARTICLE  VIII. 

POLICE  DEPARTMENT 
147.  Mayor  to  Control — Officers 


—  Apjlioilitmeiit  - —  Removal.  —  The 
Mayor  shall  have  control  and  super¬ 
vision  of  the  police  of  the  City  and 
shall  have  power  to  appoint  and  re¬ 
move  all  police  officers,  including 
the  chief  of  police.  Provided,  the 
appointment  of  all  police  officers,  in¬ 
cluding  the  chief  of  police,  shall  be 
subject  to  the  confirmation  of  the 
Council.  The  Council  shall  deter¬ 
mine  the  number  of  police  officers, 
including  the  chief  of  police,  to  be 
appointed,  and  shall  fix  their  com¬ 
pensation.  Whenever  a  majority  of 
the  Council  shall  deem  it  necessary 
to  reduce  the  number  of  police  offi¬ 
cers,  the  Mayor  shall  forthwith  re¬ 
move  such  number  of  said  police 
officers  as  may  be  determined  by  the 
Council,  such  removal  to  take  effect 
at  the  time  fixed  by  the  Council. 

14  8.  Police  for  Designated  Places. 
— The  Mayor  may  likewise,  at  the 
request  of  any  person,  firm,  society 
or  organization,  appoint  policemen 
or  watchmen,  who  shall  serve  without 
expense  to  the  City,  and  have  police 
powers  to  preserve  the  peace  and 
protect  property  within  such  limits, 
and  at  such  places  as  may  be  desig¬ 
nated  in  such  appointment,  but  such 
limited  policemen  or  watchmen  shall 
not  exercise  any  authority  nor  wear 
any  badge  of  office  outside  the  limits 
named  in  such  appointment. 

149.  Special  Police. — The  Mayor, 
may,  in  case  of  riot,  large  public 
gatherings  or  disturbances,  appoint 
such  number  of  special  or  temporary 
police  officers  as  he  may  deem  neces- 
sarj^  but  such  special  or  temporary 
appointments  shall  not  continue  more 
than  one  week  without  the  consent 
of  the  Council. 

150.  Rank  of  Police  Officers. — 
The  Mayor,  shall,  in  his  appointments 
designate  one  officer  to  be  Chief  of 
Police,  and  such  other  officers  for 
the  performance  of  special  duties, 
and  with  such  control  over  other 
officers  or  watchmen  as  may  be 
deemed  necessary,  and  may  desig¬ 
nate  the  rank  of  such  police  officer 
by  such  proper  title  as  he  shall  select. 

151.  Powers  of  Police. — The 
Chief  of  Police  and  all  regular  or 
temporary  police  officers  or  watch¬ 
men  of  the  City  shall  possess  the 
powers  of  constables  at  common  law 
or  by  the  laws  of  the  State,  and  in 
addition  thereto  shall  have  the  power, 
and  it  shall  be  their  duty,  to  execute 
and  serve  any  warrants,  summons, 
commitment,  writ,  subpoena,  or  pro¬ 
cess  issued  by  the  Municipal  Court 
of  the  City;  and  they  shall  have  the 
power  to  pursue  and  arrest  any  per¬ 


son  fleeing  from  justice  in  any  part 
of  the  State.  They  shall  also  have 
power,  and  it  shall  be  their  dutj'  to 
serve  all  summons  or  subpoenas,  in 
behalf  of  the  City  within  their  juris¬ 
diction.  When  such  officers  perform 
the  duties  of  constable  for  private 
parties,  the  City  shall  be  entitled  to 
all  fees  provided  by  law  for  their 
services.  Provided,  that  no  such 
officer  shall  have  the  power  to  arrest 
without  a  warrant;  except  in  cases  in 
which  arrest  withaut  a  warrant  are 
authorized  by  the  general  laws  of 
the  State  or  this  charter;  and  the 
violation  of  any  ordinance  shall  be 
deemed  a  public  offense. 

15  2.  Police  Regulation. — The 
Mayor  shall,  with  the  consent  and 
approval  of  the  Council,  from  time 
to  time  make  such  regulations  for 
the  control  of  the  police  force,  and 
the  duties  of  the  several  officers 
thereof  as  he  may  deem  necessary, 
and  in  like  manner  alter  the  same. 
Such  regulations  may  designate  the 
uniforms,  badges,  arms,  discipline, 
drill  and  exercise  of  the  police  force, 
as  well  as  the  conduct  of  the  officers 
and  men  of  said  force,  when  on  or 
off  duty,  and  all  other  matters 
deemed  necessary  to  promote  the 
efficiency  of  the  force, 

153.  Peace  Officers. — The  Mayor 
or  acting  Mayor,  Chief  of  Police,  the 
officers  of  police  next  in  rank  to  the 
chief,  the  sheriff  of  Washington 
County  and  his  deputies,  the  coroner, 
the  Judge  of  the  municipal  court, 
and  all  police  officers  and  watchmen 
shall  be  officers  of  the  peace,  and 
may  command  the  peace,  suppress  in 
a  summary  manner  all  rioting  or  dis¬ 
orderly  behavior  within  the  City 
limits,  and  for  such  purpose  may 
command  the  assistance  of  any  or 
all  persons,  or  bystanders,  and.  if 
need  be,  of  any  or  all  military 
officers  or  privates,  and,  in  any  case 
when  the  civil  authorities  may  be 
required  to  suppress  riot  or  dis¬ 
orderly  behavior,  the  superior  or 
senior  officers  present,  in  the  order 
mentioned  in  this  section  shall  direct 
the  proceedings, 

15  4,  Refusing  to  Aid  Police — 
Penalty. — If  any  person,  mentioned 
in  the  preceding  section,  shall  re¬ 
fuse  to  aid  in  preserving  the  peace 
when  thereto  required,  as  desig¬ 
nated  in  the  said  section,  every  such 
person  shall  forfeit  and  pay  a  fine 
of  fifty  dollars,  to  be  recovered  by 
prosecution  in  the  Municipal  Court. 

155.  Assuming  to  Act  as  Police¬ 
man  Without  Authority — Penalty. — 


If  any  person  shall,  without  author¬ 
ity,  assume  to  act  as  policeman,  or 
to  pretend  to  have  such  power,  or 
wear  the  badge  of  a  policeman,  within 
the  City,  he  shall  be  deemed  guilty 
of  a  misdemeanor. 

AltTFCLE  IX. 

FI  UK  1)E  UAUTIMKNT 

15G.  Departiiient  in  Charge  of 
('Iiief — Council  Designate  Men — Fix 
Coinpensation. — The  Fire  Department 
of  the  City  shall  be  in  charge,  and 
under  the  direction  of  the  Chief  of 
the  Fire  Department,  who  shall  be 
appointed  by  and  subject  to  the  con¬ 
trol  of  the  Council.  The  Council 
shall  designate  the  number  of  officers 
and  men  which  may  be  deemed  neces¬ 
sary  for  the  complete  management  of 
the  Fire  Department,  and  shall  fix 
their  compensation. 

15  7.  Officers  —  Men  —  Rank  — 
Duties. — The  Chief  of  the  Fire  De¬ 
partment  shall  select,  subject  to  the 
approval  of  a  majority  of  the  Coun¬ 
cil,  all  officers  and  men  connected 
with  the  fire  department,  and  shall 
define  their  respective  ranks  and 
duties;  and  said  Chief  may  at  any 
time  discharge  any  such  officers  or 
men  whenever  he  deems  it  necessary 
for  the  interest  of  the  Department. 
Whenever  a  majority  of  the  Council 
shall  deem  it  necessary  to  reduce  the 
number  of  men  employed,  said  Chief 
shall,  upon  the  direction  of  the  Coun¬ 
cil,  designate  the  officers  or  men  that 
can  be  released  with  the  least  im¬ 
pairment  of  the  working  efficiency  of 
the  Fire  Department. 

158.  Fire  Rules — Regulations — 
Council  to  Make. — The  Council  shall 
have  power  and  authority  to  make 
or  modify  all  needful  rules  for  the 
government  of  the  Fire  Department, 
and  for  the  protection  and  use  of  all 
engine  houses,  telegraph  lines,  and 
other  property  and  apparatus  per¬ 
taining  thereto,  ahd  of  the  water 
works,  mains,  pipes,  cisterns  and 
hydrants  in  said  City,  as  used  in 
connection  with  said  Department, 
and  provide  for  the  punishment  of 
persons  injuring  or  interfering  with 
such  property,  or  any  portion  there¬ 
of,  and  may  also  make  provision  to 
keep  away  from  the  vicinity  of  any 
fire  all  idlers  and  suspected  persons, 
and  to  compel  all  by-standers  to  aid 
in  the  preservation  of  property  ex¬ 
posed  to  danger  by  such  fire. 

159.  Fire  Marshal — Duties. — The 
Council  may  designate  such  officer 
of  the  Fire  Department  as  it  may 
select  to  act  as  Fire  Marshal  of  the 
City,  to  see  that  the  ordinances  of 


the  City  relating  to  the  buildinf^  and 
care  of  chimneys,  and  respecting  all 
other  precautions  against  dangers 
from  fire  are  not  violated,  and  said 
Fire  I\Iarshal  shall  have  power,  and 
be  fully  authorized  to  enter  any 
dwelling  house  or  other  building  at 
all  hours  between  seven  o’clock  in 
the  morning  and  six  o’clock  in  the 
evening,  and  examine  all  chimneys, 
stoves,  furnaces,  pipes,  and  other 
parts  of  such  buildings,  and  see  that 
the  ordinances  respecting  the  same 
are  enforced.  It  shall  further  be 
the  duty  of  such  Fire  Marshal  to 
examine  particularly  into  the  cause 
of  every  fire  which  shall  happen  with¬ 
in  the  City,  and  to  make  and  keep  a 
brief  record  of  the  same,  and  make 
report  thereof  to  the  Council  at  the 
first  regular  meeting  in  every  month. 

160.  Fire  Police. — Whenever  the 
Council  shall  deem  it  necessary,  it 
may  provide  for  a  fire  police  of  such 
numbers  and  with  such  powers  as  it 
may  determine  and  for  that  purpose 
it  may  either  give  police  powers  to 
such  of  the  officers  or  men  of  the 
Fire  Department  as’  may  be  neces¬ 
sary,  or  authorize  the  appointment 
of  the  necessary  policemen  in  the 
same  manner  as  other  policemen  are 
appointed.  In  all  cases,  all  police¬ 
men  present  at  any  fire  shall  be  sub¬ 
ject  to  the  direction  of  the  officers 
of  the  Fire  Department  present  at 
such  fire. 

161.  Disobeying  Orders  of  Chief 
at  Fires — Penalty. — If  any  person 
shall,  at  any  fire,  refuse  to  obey  the 
orders  of  the  Chief  of  the  Fire  De¬ 
partment,  or  other  ofiicer  vested  with 
authority  at  such  fire,  such  person 
may  be  arrested  by  the  direction  of 
the  officer  whose  orders  are  so  dis¬ 
obeyed,  and,  upon  complaint  made 
before  the  Municipal  Court  of  the 
City,  shall  be  punished  by  fine  not 
exceeding  fifty  dollars  and  costs  of 
prosecution,  and  imprisonment  until 
such  fine  and  costs  are  paid,  not  ex¬ 
ceeding  sixty  days. 

162.  Purchases —  Expenses — How 
Charged. — All  expenses  of  the  Fire 
Department  and  all  amounts  paid  for 
the  purchase  of  fire  apparatus,  or 
any  property  for  use  of  the  Fire 
Department,  or  the  erection  of  any 
telegraph,  telephone,  or  other  appli¬ 
ance,  shall  be  paid  out  of  the  funds 
devoted  to  payment  of  current  ex¬ 
penses  of  the  City.  The  construction 
of  engine-houses  or  other  buildings 
for  use  of  such  department  shall  be 
paid  for  out  of  .the  real  property 
fund  of  the  City. 


I 


ARTICLE  X. 

TAXES  AN1>  FINANCES 

163.  Property  Taxable. — All  prop¬ 
erty  in  the  City  taxable  under  the 
laws  of  the  State  shall  be  subject  to 
taxation  for  the  support  of  the  City 
government  and  the  payment  of  its 
debts  and  liabilities,  and  the  same 
shall  be  assessed  as  provided  for  by 
law,  and  this  charter. 

164.  Appointment  of  Assessor. — 
The  Council  shall,  in  the  year  one 
thousand  nine  hundred  and  sixteen 
(1916),  appoint  a  City  Assessor  who 
shall  hold  office  during  the  pleasure 
of  the  Council,  and  shall  have  power 
to  appoint  deputies,  with  the  con¬ 
sent  of  the  Council. 

165.  Duties  of  Assessor. — In  all 
respects  not  herein  expressly  provid¬ 
ed  for,  said  assessor  shall,  in  making 
assessments,  be  governed  by  the 
rules,  both  in  respect  to  the  property 
to  be  listed  and  assessed  and  the 
manner  of  listing  and  assessing  the 
same,  which  are  or  may  be  prescribed 
by  the  general  laws  of  the  State  for 
the  government  of  assessors. 

166.  Hoard  of  Equalization  and 
Duties. — The  Council  shall  designate 
three  of  its  members  who  shall  con¬ 
stitute  a  Board  of  Equalization,  who 
shall  be  sworn  according  to  law  as 
such  board,  and  meet  at  the  Council- 
room  in  the  City  on  the  first  Monday 
of  July,  of  every  year,  and  revise, 
amend  and  equalize  the  assessments 
on  the  roll  of  the  assessor.  It  shall 
be  the  duties  of  the  assessor  to  be 
present  at  all  meetings  of  the  said 
Board  of  Equalization,  to  present 
before  the  Board  all  facts  relating 
to  the  assessments,  and  he  shall  act 
as  clerk  of  said  board.  Such  Board 
of  Equalization  is  vested  with  all 
the  powers  which  are  or  may  be 
vested  in  County  Boards  of  Equal¬ 
ization,  under  the  general  laws  of 
the  State,  so  far  as  applicable,  but 
shall  not  be  restricted  by  any  limit¬ 
ations  in  respect  to  reducing  aggre¬ 
gate  sums  of  real  or  personal  prop¬ 
erty  as  returned  by  the  assessor. 

167.  Further  Duties  of  the  Board 
of  Equalization  —  City  Attorney  — 
Hearings. — Such  Board  of  Equaliza¬ 
tion  may  sit  from  day  to  day  or  ad¬ 
journ  from  time  to  time  as  it  shall 
deem  proper,  until  it  shall  have 
completed  the  equalization  of  assess¬ 
ments.  It  shall  complete  such  equal¬ 
ization  on  or  before  the  third  Mon¬ 
day  in  July  of  every  year,  and  shall 
have  power  to  employ  such  clerk  or 
clerks  as  shall  be  necessary  to  com¬ 
plete  the  revision  of  such  assessment 


rolls  within  said  time.  Every  person 
aggrieved  by  any  assessment  shall 
have  the  right  to  appear  before  such 
Board  and  present  his  grievance  for 
its  consideration.  ^  It  shall  be  the 
duty  of  the  City  Attorney  to  attend 
the  hearing  of  such  grievances  before 
such  Board,  and  whenever  it  appears 
upon  the  hearing  of  such  grievances 
that  any  property  is  listed  or  assessed 
at  less  than  its  true  value,  to  call 
the  attention  of  the  Board  to  such 
undervaluation  and  to  make  applica¬ 
tion  in  behalf  of  the  City  for  the  cor¬ 
rection  of  such  undervaluation. 

16  8.  Assessment  Rolls  to  Be  Cer¬ 
tified  by  the  Board  and  Returned  to 
County  Auditor. — When  the  Board 
shall  have  completed  their  equaliza¬ 
tion  of  the  assessment,  they  shall 
certify  thereto,  and  such  rolls  shall 
then  be  returned  to  the  County 
Auditor,  as  other  assessment  rolls. 

169.  Compensation  of  Assessor 
and  Deputies. — The  Assessor  shall 
be  paid  a  stated  salary,  to  be  fixed 
by  resolution  of  the  Council.  All 
deputy  assessors  shall  be  paid  such 
reasonable  compensation  for  their 
respective  services,  as  shall  be  deter¬ 
mined  by  the  Council. 

170.  Taxes  — -  How  Levied. — All 
taxes  shall  be  levied  by  resolution 
of  the  Council,  by  a  majority  vote 
of  its  members,  and  in  making  such 
levy,  the  Council  shall  itemize  the 
same  so  as  to  show  separately  the 
amount  to  be  collected  from  taxes 
for  each  fund,  as  said  funds  are 
designated  in  Section  177.  No  tax 
shall  be  invalid  by  reason  of  any 
informality  in  the  manner  of  levying 
the  same,  nor  because  the  amount 
levied  shall  exceed  the  amount  re¬ 
quired  to  be  raised  for  the  fund  for 
which  the  same  is  levied,  but  in  that 
case  the  surplus  shall  go  into  the 
fund  to  which  such  tax  belongs,  and 
may  be  applied  to  the  further  use  of 
such  fund. 

171.  City  Must  Pay  for  Water. — 
The  Council  shall  annually  appropri¬ 
ate  funds  for  the  payment  to  the 
Board  of  Water  Commissioners  for 
water  supplied  by  said  Board  to  the 
City  for  all  public  purposes,  except 
the  Stillwater  City  School  District 
and  the  Stillwater  Public  Library. 
Upon  receipt  by  the  Council  of  the 
water  account  of  the  City  from  the 
Board  of  Water  Commissioners,  as 
provided  in  Section  348  the  Council 
shall  at  its  next  meeting  act  upon 
said  water  account  and  if  found  cor¬ 
rect,  order  the  payment  of  said  ac¬ 
count  within  thirty  days  thereafter. 


provided  that,  if  said  water  account 
be  found  incorrect  the  same  shall  be 
referred  back  to  the  Board  of  Water 
Commissioners  and  when  again  pre¬ 
sented  to  the  Council,  and  found 
correct,  said  account  shall  be  acted 
upon  and  payment  ordered  in  the 
manner  and  within  the  time  herein 
prescribed. 

172.  Kstiinates  of  l^eceipts  find 
Kxpenses. — The  City  Treasurer  shall, 
on  or  before  the  first  Tuesday  of 
October  of  each  year,  report  to  the 
Council  the  amount  of  all  revenues 
received  by  the  City  for  the  year  end¬ 
ing  on  the  first  day  of  October,  from 
other  sources  than  taxation.  The 
City  Clerk  shall,  as  soon  as  may  be, 
after  the  Minnesota  Tax  Commission 
shall  have  completed  its  adjustment 
of  the  assessment  of  the  taxable 
property  in  the  City,  report  to  the 
Council  detailed  estimates  in  writ¬ 
ing  of  the  expenses  of  the  City  for 
the  ensuing  fiscal  year  and  of  the 
resources  to  meet  such  expenses, 
which  estimate  or  budget  shall  be 
divided  among  the  several  funds  as 
designated  in  Section  177  to  be  pro¬ 
vided  to  meet  such  expenses, 

173.  Tax  Ijevy. — After  the  mak¬ 
ing  of  the  reports  provided  for  in 
the  foregoing  section,  the  Council 
shall  levy  such  taxes  for  all  City  pur¬ 
poses  on  all  the  taxable  property  in 
the  City  as  it  shall  deem  necessary 
in  addition  to  the  other  revenue  of 
the  City  applicable  thereto,  to  defray 
the  expenses  of  the  City  for  all  pur¬ 
poses  for  the  next  fiscal  year;  but 
no  such  taxes  for  current  expenses 
shall  in  any  one  year  amount  to  more 
than  Two  (2)  per  cent  of  the  assessed 
valuation  of  said  taxable  property, 
and  said  levy  shall  include  an  amount 
sufficient  to  pay  interest  to  become 
due  during  such  fiscal  year,  upon  all 
the  bonds  and  debts  of  the  City,  and 
shall  include  a  tax  of  at  least  one 
ihill  on  the  dollar  of  the  assessed 
valuation  of  all  taxable  property  in 
the  City,  to  provide  for  Uhe  payment 
of  the  principal  of  said  bonds,  when 
the  same  shall  become  due,  and  the 
amounts  collected  for  said  interest 
and  bonds  shall  not  be  applied  to 
any  other  purpose,  but  this  restric¬ 
tion  shall  not  prohibit  the  investment 
of  the  sinking  fund  hereinafter  pro¬ 
vided  for. 

174.  City  Clerk  to  Report  Ex¬ 
penses  of  First  Half  of  Fiscal  Year 
— Duty  of  Council  to  Reduce  Ex- 
j>enses. — The  City  Clerk  shall,  as 
soon  as  may  be,  after  the  first  Tues¬ 
day  of  July  of  each  year,  make  re¬ 


port  to  the  Council  of  the  actual  ex¬ 
penses  of  the  City  for  the  first  half 
of  the  then  current  fiscal  year,  the 
amount  of  taxes  collected  and  out¬ 
standing,  and  of  the  revenues  re¬ 
ceived  from  other  sources;  and,  if 
upon  the  making  of  such  report  it 
shall  appear  that  the  current  ex¬ 
penses  of  such  half  have  exceeded  the 
estimates  upon  which  the  tax  levy 
therefor  was  based,  or  that  the 
revenues  of  the  City  are  likely  to 
fall  short  of  their  estimated  amount 
at  the  time  of  making  such  tax  levy, 
the  Council  shall  forthwith  proceed 
to  reduce  the  current  expenses  of  the 
City  in  such  manner  as  may  be 
deemed  advisable,  and  for  that  pur¬ 
pose  may  diminish  the  amount  of 
service  for  lighting  streets,  reduce 
the  force  or  number  of  men  em¬ 
ployed  in  the  several  departments  of 
the  City,  and  when  necessary  for  the 
proper  reduction  of  such  expenses, 
may  reduce  the  salaries  or  compensa¬ 
tion  of  all  officials  and  persons  em¬ 
ployed  by  the  City,  as  said  Council 
may  deem  expedient.  In  all  future 
contracts  for  lighting  streets,  the 
City  shall  reserve  the  right  to  reduce 
the  amount  of  service  on  account  of 
deficiency  of  revenue. 

175.  Debt  Not  to  Be  Increased  or 
Credit  Loaned. — The  debt  of  the  City 
shall  not  be  increased,  nor  shall  any 
new  bonds  of  the  City  be  issued 
except  as  provided  herein,  nor  shall 
the  City  loan  its  credit,  become  a 
stockholder  or  make  contributions 
or  donations  to  any  person,  company 
or  corporation,  except  as  herein  pro¬ 
vided,  or  as  provided  by  the  laws  of 
the  state. 

176.  Money — How  Paid  Out — 
City  Orders. — All  moneys  belonging 
to  the  City,  except  as  otherwise  pro¬ 
vided  for  in  this  charter,  shall  be 
under  the  control  of  the  Council,  and 
shall  be  paid  out  only  upon  order 
of  the  Mayor,  countersigned  by  the 
City  Clerk,  duly  authorized  by  reso¬ 
lution  of  the  Council,  by  an  affirm¬ 
ative  vote  of  ayes  and  nays  of  a 
majority  of  its  members  duly  record¬ 
ed.  Every  order  drawn  upon  the 
treasury  shall  designate  the  purpose 
for  which  it  is  drawn,  and  the  fund 
upon  which  drawn,  and  shall  be  pay¬ 
able  only  out  of  such  fund.  Each 
order  shall  be  payable  to  the  order 
of  the  person  in  whose  favor  it  is 
drawn,  and  may  be  transferred  by 
endorsement;  no  order  on  any  fund 
shall  be  drawn  until  there  is  money 
sufficient  to  the  credit  of  such  fund 
to  pay  the  same,  together  with  all 


the  orders  previously  issued  against 
such  fund. 

177,  Separate  Funds  to  Be  Kept. 
— There  shall  be  maintained  in  the 
City  treasury  the  following  funds, 
and  the  Council  by  a  majority  vote 
of  its  members  may  levy  an  annual 
tax  upon  all  taxable  property  in  the 
City  for  the  support  of  such  funds, 
and  the  purposes  following,  that  is 
to  say: 

First:  An  interest  fund,  for  which 
there  shall  be  levied  a  sum  sufficient 
to  provide  for  the  payment  of  the 
interest  to  become  due  during  the 
next  fiscal  year,  upon  the  indebted¬ 
ness  of  the  City.  Out  of  such  fund 
interest  only  shall  be  paid. 

Second:  A  sinking  fund  to  pro¬ 

vide  for  the  payment  when  due  of 
bonds  of  the  Cit3^  For  the  main¬ 
tenance  of  this  fund,  there  shall  be 
levied  an  annual  tax  of  at  least  one 
mill  on  the  dollar  of  the  assessed 
valuation  of  all  taxable  property  of 
the  City.  This  fund  shall  be  applied 
only  to  the  payment  of  the  principal 
of  bonds  issued  by  the  City. 

Third:  A  library  fund  to  provide 
for  the  support  of  the  public  library. 

Fourth:  A  permanent  improve¬ 

ment  fund  for  the  purpose  of  paying 
such  portions  of  the  expenses  of  local 
improvements  as  shall  devolve  upon 
the  City. 

Fifth.  A  real  property  fund  for 
the  purpose  of  paying  the  cost  of  all 
real  property,  and  all  right  therein 
and  all  improvements  thereon,  which 
the  City  shall  acquire  for  its  various 
purposes,  and  the  payment  for  which 
is  not  otherwise  prgvided  for  out  of 
other  funds.  There  shall  also  be  paid 
into  this  fund  all  moneys  received 
from  the  sale  of  any  permanent  im¬ 
provements  or  property  of  the  City, 
not  otherwise  disposed  of  under  this 
charter. 

Sixth.  A  general  fund  to  provide 
for  all  current  and  incidental  ex¬ 
penses  of,  and  judgments  against  the 
City  not  otherwise  provided  for,  and 
such  other  disbursements  as  may  be 
authorized  by  law.  There  shall  be 
paid  into  this  fund  all  moneys  re¬ 
ceived  from  any  source  save  when  re¬ 
ceived  for  a  specific  use  and  purpose. 

Provided  that  nothing  contained 
herein,  shall  prevent  the  Council 
from  borrowing  from  the  general 
fund  to  aid  and  help  any  other  fund 
at  such  times  as  in  its  judgment 
public  necessities  require,  but  the 
Council  shall  have  no  power  to  bor¬ 
row  from  any  fund  except  the  general 
fund. 


Moneys  (1)  in  the  City  treasury  at 
the  time  this  charter  goes  into  effect, 
(2)  to  be  collected  from  taxes  levied 
before  this  charter  goes  into  effect 
shall  so  far  as  practicable  be  divided 
among  the  several  funds  hereby  es¬ 
tablished  and  where  such  sub-di¬ 
vision  is  not  practicable,  shall  be  kept 
in  the  general  fund.  The  Council, 
by  resolution  shall  provide  for  such 
sub-division  in  accordance  with  the 
directions  herein  contained. 

178,  Separate  Account  To  Be 
Kept  for  Each  Fund. — ^The  City  Clerk 
and  the  City  Treasurer  shall  each,  as 
soon  as  the  tax  estimate  is  made  in 
each  year,  open  and  keep  in  his  books 
separate  and  distinct  accounts  for 
each  year  of  the  several  divisions  of 
taxes  shown  in  the  tax  estimate  of 
the  then  current  year;  and  in  making 
any  tax  estimate  for  expenditures, 
and  in  making  any  levy,  the  Council 
shall  itemize  the  same,  so  as  to  show 
separately  the  amount  to  be  col¬ 
lected  from  taxes  for  each  fund,  as 
said  funds  are  designated  in  Section 
177. 

It  shall  be  the  duty  of  the  City 
Treasurer  to  keep  a  complete,  ac¬ 
curate  and  separate  account  of  each 
and  all  of  the  separate  funds  afore¬ 
said,  which  shall  accurately  show  at 
all  times  the  amount  of  money  receiv¬ 
ed  by  him  for  the  credit  of  each  of 
such  funds,  and  whence  received,  and 
the  amount  of  money  paid  out  by  him 
i  on  account  thereof,  and  to  whom,  and 
I  for  what  purpose  paid  out. 

The  City  Treasurer  shall  also  keep 
a  separate  and  distinct  account  of 
moneys  received  or  to  be  received 
for  each  local  improvement  for 
which  an  assessment  is  made,  and 
when  any  money  is  collected  by 
him  from  the  County  Treasurer, 
or  any  other  source,  on  account 
of  any  such  assessment,*  it  shall  be 
his  duty  to  credit  the  sum  to  its 
separate  assessment  account.  The 
money  collected  on  a(;count  of  any 
such  assessment  shall  not  be  paid  out 
by  the  Treasurer,  except  in  payment 
of  work  for  which  such  assessment 
was  made.  Whenever  the  County 
Treasurer  shall  pay  over  to  the  City 
i  Treasurer  any  taxes  belonging  to  the 
i  City,  and  collected  under  any  levy, 
j  and  whenever  any  money  is  received 
by  the  City  Treasurer  from  the  sale 
of  certificates  of  indebtedness  dis- 
!  posed  of  in  anticipation  of  the  col¬ 
lection  of  a  tax  based  on  a  tax  esti¬ 
mate,  the  City  Treasurer  shall  credit 
each  of  the  respective  funds  and  ac¬ 
counts  with  its  proportionate  amount 


of  receipts  according  to  the  tax  esti¬ 
mate  of  the  fiscal  year  for  which 
such  estimate  is  made.  The  money 
received  from  the  sale  of  certificates 
of  indebtedness  based  on  a  tax  esti¬ 
mate,  and  the  money  received  from 
tbe  County  Treasurer  on  a  tax  levy 
based  on  such  estimate,  shall  be  used 
and  applied  only  to  defray  the  ex¬ 
penditures  together  with  the  arrear¬ 
ages  due  and  unpaid,  for  the  specific 
object  for  which  said  estimate  was 
made,  and  said  taxes  were  levied. 

After  the  accounts  are  opened  in 
the  books  as  hereinbefore  provided, 
any  moneys  thereafter  received  by 
the  City  from  the  collection  of  delin¬ 
quent  taxes,  shall  be  forthwith  dis¬ 
tributed  to  the  funds  provided  for 
herein,  so  far  as  such  funds  corres¬ 
pond  to  the  funds  named  in  the  par¬ 
ticular  tax  levy  on  which  said  delin¬ 
quent  taxes  are  collected;  and  so  far 
as  they  do  not  correspond  to  such 
funds,  the  delinquent  taxes  collected 
shall  be  credited  to  the  general  fund. 
The  surplus  of  any  year’s  receipts 
over  expenditures  in  any  particular 
fund  shall  be  carried  forward  to  the 
same  fund  for  the  succeeding  year. 

179.  Disposition  of  Moneys  Col¬ 
lected. — Every  officer  collecting  mon¬ 
eys  belonging  to  or  for  the  use  of 
the  City  shall  settle  for  the  same 
with  the  City  Treasurer  on  or  before 
the  last  day  of  each  month,  or  at 
such  more  frequent  intervals  as  may 
be  directed  by  the  Council,  and  .all 
such  moneys  shall  immediately  be 
paid  into  the  City  Treasury,  for  the 
benefit  of  the  funds  to  which  such 
moneys  severally  belong.  When  the 
last  day  of  the  month  falls  upon  a 
Sunday,  or  a  legal  holiday,  the  said 
payments  shall  be  made  on  the  next 
preceding  business  day. 

180.  Tax  Certificates. — At  any 
time  after  the  annual  tax  levy  has 
been  certified  to  the  County  Auditor, 
and  not  earlier  than  October  10th,  in 
any  year,  the  Council  may  by  resolu¬ 
tion  passed  by  a  four-fifths  majority 
of  its  members,  issue  and  sell  as 
many  certificates  of  indebtedness  as 
needed  in  anticipation  of  the  collec¬ 
tion  of  the  taxes  so  levied,  as  afore¬ 
said,  for  any  fund  designated  in  the 
tax  estimates  for  the  purpose  of 
raising  money  for  such  designated 
fund,  but  no  certificate  shall  be  is¬ 
sued  for  any  of  said  designated  funds 
exceeding  fifty  per  cent  of  the 
amount  named  in  the  tax  estimate, 
to  be  collected  for  the  use  and  bene¬ 
fit  of  said  fund,  and  no  certificate 
shall  be  issued  to  become  due  and 


payable  later  than  December  31st  of 
the  year  succeeding  the  year  in  which 
said  tax  estimate,  certified  to  the 
County  Auditor  as  aforesaid  was 
made,  and  said  certificate  shall  not 
be  sold  for  less  than  par  and  ac¬ 
crued  interest  and  shall  not  bear  a 
greater  rate  of  interest  than  six  per 
cent  per  annum;  each  certificate  shall 
state  upon  its  face  for  which  fund 
the  proceeds  of  said  certificate  shall 
be  used,  and  the  whole  amount  efTi- 
braced  in  said  tax  estimate  for  that 
particular  fund.  They  shall  be  num¬ 
bered  consecutively  and  be  in  denom¬ 
inations  of  fifty  dollars,  or  a  multiple 
thereof  and  may  have  interest  cou¬ 
pons  attached  and  shall  be  other¬ 
wise  of  such  form  and  terms,  and  be 
made  payable  at  such  place,  as  will 
Dest  aid  in  their  negotiation  and  sale, 
and  the  proceeds  of  the  tax  assessed 
and  collected  as  aforesaid  on  account 
of  said  fund,  and  the  faith  and  credit 
of  the  City  are  irrevocably  pledged 
for  the  redemption  of  the  certificates 
so  issued. 

181.  Providing  for  Maintenance 
of  Sinking  Fund* — In  order  to  pro¬ 
vide  for  the  certain  payment  of  the 
bonds  of  the  City,  the  Council  is 
authorized  to  maintain  the  sinking 
fund  already  established.  The  Coun¬ 
cil  shall  designate  two  of  its  mem¬ 
bers  who  with  the  Mayor,  shall  con¬ 
stitute  and  be  designated  “The  Com¬ 
missioners  of  the  Sinking  Fund  of 
the  City  of  Stillwater,’’  all  of  whom 
shall  serve  without  compensation. 
The  Council  shall,  by  ordinance  or 
resolution,  define  such  duties  of  said 
board  as  are  not  herein  enumerated. 

182.  Any  Two  Commissioners  To 
Discharge  Trust. — Any  two  of  said 
commissioners  are  hereby  authorized 
and  required  to  discharge  the  trusts 
and  duties  vested  in  the  commis¬ 
sioners. 

184.  Sinking  Fnnd^ — How  To  He 
Invested. — The  said  Commissioners 
shall  from  time  to  time  invest  the 
moneys  which  shall  constitute  the 
sinking  fund  for  the  redemption 
of  the  City  bonds,  or  any  surplus  of 
interest  to  the  credit  of  the  interest 
fund  or  as  much  as  they  can  in  the 
purchase  of  bonds  issued  by  the  City, 
or  the  school  bonds  of  the  Stillwater 
City  School  District  at  the  market 
price  and  the  said  Commissioners 
shall  be  authorized  to  invest  the  said 
moneys  or  such  part  thereof  as  they 
see  fit,  either  in  the  purchase  of  said 
bonds  or  in  the  bonds  of  the  State  of 
Minnesota  or  in  United  States  bonds 
or  in  any  bonds  in  w^hich  the  perma- 


nent  school  and  university  funds  of 
the  State  can  be  invested,  notwith¬ 
standing  the  said  bonds  may  be  above 
the  par  value  thereof,  or  deposit  said 
moneys  in  a  designated  depository, 
as  hereinafter  provided.  Provided, 
that  said  commissioners  shall  at  all 
tiihes  give  the  preference  to  the  pur¬ 
chase  of  bonds  of  the  City  if  the 
same  can  be  procured  at  reasonable 
rates,  and  in  the  purchase  of  such 
City  bonds  of  the  City,  preference  is 
to  be  given  to  the  bonds  of  the  City 
first  falling  due. 

18  4.  Sinking  Fund  If  Not  Invest¬ 
ed  to  be  Deposited. — In  case  said 
bonds  cannot  be  purchased  advan¬ 
tageously,  and  said  commissioners 
shall  deem  it  desirable,  they  may  de¬ 
posit  a  part  or  all  of  said  sinking 
and  interest  fund  in  one  or  more  des¬ 
ignated  national  banks,  savings 
banks,  or  any  bank  or  banks  or 
Trust  Company  in  the  name  of  the 
City  of  Stillwater;  such  bank  or 
banks  or  Trust  Company  shall  be 
designated  by  the  said  commissioners 
after  procuring  proposals,  which  pro¬ 
posals  shall  state  what  security  will 
be  given  to  the  City  for  such  funds 
as  deposited,  and  what  interest  will 
be  paid  on  the  amount  so  deposited, 
and  said  funds  with  the  accrued  in¬ 
terest  shall  be  held  subject  to  draft 
and  payment  from  and  after  a  time 
to  be  designated  by  said  commis¬ 
sioners  at  the  time  of  depositing  said 
fund. 

185.  Bonds  of  Depositories. —  Be¬ 
fore  the  City  Treasurer  shall  deposit 
said  sinking  and  interest  funds  in 
any  of  the  depositories  designated  in 
the  preceding  section,  such  deposi¬ 
tory  shall  deliver  to  the  City  Treas¬ 
urer  a  bond  payable  to  the  City  of 
Stillwater,  in  such  amount  and  upon 
such  terms  and  conditions  and  with 
such  sureties  as  the  Council  may  pro¬ 
scribe,  which  bond  shall  be  approved 
by  the  Council. 

18  6.  Bonds  To  Be  Sold  and  Fund 
Re-Invested  and  Fund  To  Be  With¬ 
drawn  and  Invested  When* —  When¬ 
ever  the  said  commissioners  shall 
have  invested  any  part  of  said  funds 
in  the  purchase  of  the  bonds  other 
than  bonds  of  the  City,  and  shall  at 
any  time  thereafter  be  enabled  to 
purchase  any  of  the  bonds  of  the  City 
at  such  prices  as  they  may  deem  best 
for  the  public  interest,  they  shall 
forthwith  sell  and  dispose  of  such 
other  bonds  and  invest  the  proceeds 
thereof  in  bonds  of  the  City,  if  in 
their  opinion  such  disposition  would 
be  beneficial  to  the  public  interest 


and  the  said  commissioners  may,  at 
any  time  they  deem  it  best  for  the 
public  interest,  withdraw  said  funds 
deposited  in  the  designated  deposi¬ 
tories,  and  invest  the  same  in  the 
bonds  designated  in  Section  183. 

187.  City  Bonds  May  Be  Sold  and 
Bought. — Whenever  said  commis¬ 
sioners  shall  have  invested  any  part 
of  the  said  fund  in  the  purchase  of 
bonds  of  the  City,  and  shall  at  any 
time  thereafter  be  enabled  to  pur¬ 
chase  any  of  the  said  bonds,  which 
shall  by  the  terms  thereof  be  re¬ 
deemable  at  an  earlier  date,  they  may 
forthwith  sell  the  same  and  invest 
the  proceeds  in  other  bonds  of  the 
City,  if  in  their  opinion  such  exchange 
shall  be  desirable  and  beneficial  to 
the  public  interest:  Provided  said 
commissioners  shall  not  sell  the 
bonds  of  the  City  at  less  than  par 
value. 

188.  How  Sinking  and  Interest 
Funds  Drawn  From  City  Treasurer. 

— ^Whenever  any  of  the  moneys  con¬ 
stituting  the  sinking  fund  for  the  re¬ 
demption  of  the  City  bonds  shall  be 
required  for  any  such  purchase,  in¬ 
vestment,  deposit  or  for  the  redemp¬ 
tion  of  City  bonds  at  their  maturity, 
or  any  surplus  to  the  credit  of  inter¬ 
est  fund  to  be  invested,  the  amount 
of  money  so  required  shall  be  paid 
by  the  City  Treasurer  upon  the  war¬ 
rants  of  said  commissioners  or  any 
two  of  them,  the  Mayor  being  -me, 
the  City  Clerk  shall  also  attest  said 
warrants  and  affix  the  seal  of  the 
City  thereto. 

189.  How  Fund  Drawn  From  De¬ 
pository. — Whenever  any  of  the  mon¬ 
eys  constituting  said  sinking  fund  is 
on  deposit  in  a  designated  depository, 
the  same  shall  be  paid  by  said  de¬ 
pository  upon  the  warrant  of  said 
commissioners  or  any  two  of  them, 
the  Mayor  being  one;  the  City  Clerk 
shall  also  attest  said  warrant  and 
affix  the  seal  of  the  City  thereto. 

190.  All  of  Fund  May  Be  Drawn. 
— ’All  moneys  constituting  the  fund 
for  the  payment  of  the  bonds  of  the 
City,  whenever  required  to  meet  such 
bonds,  shall  be  drawn  from  the  City 
treasury  or  designated  depository  in 
the  manner  provided  in  Sections  188 
and  189. 

191.  City  Clerk,  to  Attend  Meet¬ 
ings  of  Commissioners  and  Keep 
Journal — Commissioners  to  Report. — 
It  shall  be  the  duty  of  the  City  Clerk 
to  attend  all  of  the  meetings  of  the 
said  commissioners,  and  to  keep  a 
correct  record  of  all  their  proceed¬ 
ings,  and  all  investments  or  other 


acts  of  said  commissioners  shall  be 
based  upon  resolutions  duly  entered 
in  said  record.  The  said  record  shall 
be  verified  by  at  least  two  of  said 
commissioners,  and  attested  by  the 
City  Clerk,  and  once  in  each  year,  and 
oftener  if  required  by  the  Council, 
said  commissioners  shall  render  to 
the  Council  a  full  and  detailed  report 
of  their  proceedings. 

192.  Vacancy  Jn  Coiiiinissioii — 
How  Filled — When  Coiniiiissioners 
To  >reet — Who  To  I*reside. — In  the 
event  of  a  vacancy  in  the  office  or 
inability  of  any  of  said  commissioners 
to  attend  to  the  trust  hereby  imposed 
by  this  article,  it  shall  be  the  duty 
of  the  Council  to  designate  one  or 
more  of  their  number  to  supply  the 
place  of  such  commissioners,  for  the 
time  being,  by  a  majority  vote  of 
the  Council.  The  said  commission¬ 
ers  shall  meet  upon  the  call  of  the 
?kIayor,  who  shall  preside  at  such 
meetings. 

193.  Securities — How  K  e  p  t — 
— Paid  lionds  to  Be  Destroyed. — 
All  bonds  and  securities  purchased 
by  said  commissioners  shall  be  held 
in  safe  keeping  by  the  City  Treas¬ 
urer.  Whenever  bonds  of  the  City 
are  paid  by  the  warrants  of  said 
commissioners,  a  record  thereof  shall 
be  made  in  the  books  of  said  com¬ 
missioners,  and  the  said  bonds  shall 
be  carefully  cancelled  and  burned  by 
said  commissioners  in  the  presence 
of  the  Council. 

194.  Duties  of  Commissioners. — 
It  shall  be  the  duty  of  said  commis¬ 
sioners  to  protect  the  credit  of  the 
City,  and  direct  and  superintend  the 
remission  of  funds  for  the  payment 
of  interest,  and  the  bonded  indebted¬ 
ness  of  the  City,  to  the  cities  when¬ 
ever  said  bonds  or  interest  may  be 
payable. 

195.  May  Refund  Debt  Not  Paid 
By  Sinking  Fund — No  Other  l?onds 
To  Be  Issued  or  Debt  Contracted. — 
Whenever  the  sinking  fund  shall  be 
insufficient  to  pay  all  the  bonds  of 
the  City  that  may  at  any  time  be¬ 
come  due,  the  Council  may  issue  the 
bonds  of  the  City,  to  run  not  to  ex¬ 
ceed  thirty  years,  on  such  terms, 
times  of  payment  and  rate  of  interest 
as  may  he  deemed  advisable,  and  in 
such  amounts  as  may  be  necessary 
to  meet  such  deficiency,  but  neither 
the  Council,  nor  any  officer  or  officers 
of  the  City,  shall  otherwise,  except 
as  otherwise  specially  provided,  have 
authority  to  issue  any  bonds  or 
create  any  debt,  or  any  liability 
against  the  City  in  excess  of  the 


amount  of  revenue  actually  levied 
and  applicable  to  the  payment  of 
such  liability. 

196.  The  Permanent  Jmpi-^jve- 
nient  Fund. — The  permanent  im¬ 
provement  fund  shall  be  used  for  the 
expense  of  making  any  permanent 
improvement,  when  the  cost  of  the 
same  is  wholly  chargeable  to  the 
City. 

197.  Power  To  Borrow  Money  Dr 
Incur  Debt. — ^The  City  may  issue 
bonds,  certificates  of  indebtedness,  or 
other  evidences  of  indebtedness,  as 
follows: 

1.  To  purchase,  construct,  ex¬ 
tend,  improve  or  maintain  any  public 
utility,  as  defined  by  the  state  laws, 
and  any  property  needed  in  con¬ 
nection  therewith;  and  such  bonds, 
certificates,  or  other  evidences  of  in¬ 
debtedness  shall  be  a  specific  lien  on 
the  public  utility,  together  with  all 
property  used  in  connection  there¬ 
with,  for  which  such  bonds,  certifi¬ 
cates,  or  other  evidence  of  indebted¬ 
ness  are  issued. 

2.  For  defraying  the  cost  of  mak¬ 
ing  local  improvements  in  intersec¬ 
tions  of  the  streets,  alleys,  and  in 
front  of  property  exempt  by  law  from 
special  assessments  or  which  is  not 
benefited  by  a  local  improvement, 
and  property  owned  by  the  City. 

3.  For  defraying  the  cost  of  es¬ 
tablishing  and  maintaining  a  general 
system  of  sewers  and  of  maintain¬ 
ing,  altering,  relaying  and  extending 
the  existing  system  of  sewers. 

4.  For  the  purpose  of  paying, 
funding  or  refunding  any  bonded  in¬ 
debtedness  of  the  City,  existing  at 
the  time  this  charter  goes  into  effect, 
or  created  at  any  time  as  authorized 
by  this  charter. 

198.  Certificates  of  Indebtedness. 
— The  Council  by  resolution,  may  is¬ 
sue  certificates  or  other  evidence  of 
indebtedness  of  the  City,  in  anticipa¬ 
tion  of  any  taxes  or  assessments 
levied  upon  any  portion  of  the  tax¬ 
able  property  of  the  City,  as  pro¬ 
vided  for  herein.  Such  resolution 
for  the  issuance  of  bonds  or  certifi¬ 
cates  may  provide  that  the  same  shall 
be  general  obligations  of  the  City, 
or  that  they  will  not  be  general  obli¬ 
gations,  but  shall  be  payable  out  of 
any  specified  taxes,  assessments, 
funds,  or  liens  held  by  the  City,  or 
may  limit  the  City’s  liability  thereon 
in  any  other  manner,  or  may  guar¬ 
antee  that  the  City  shall  pay  the 
same,  provided,  that  the  bonds  issued 
under  Section  197  shall  be  general, 
obligations  of  the  City. 


199.  Special  Assessments — City 
May  Acquire  Title  To  Property. — The 
City  shall  have  authority  to  protect 
itself  by  acquiring  title  to  any  prop¬ 
erty  subject  to  special  assessment  for 
local  improvements,  and  when  au¬ 
thorized  by  a  majority  vote  of  the 
Council,  shall  assign  and  convey  any 
property  so  acquired,  whether  pro¬ 
ceedings  to  acquire  such  title  have 
been  had  prior  to  the  time  of  the  go¬ 
ing  into  effect  of  this  charter,  or 
thereafter. 

200.  Ponds,  Etc. — Hoav  Author¬ 
ized. — No  bonds,  or  certificates  of  in¬ 
debtedness,  or  other  evidence  of  in¬ 
debtedness,  shall  be  issued  unless  the 
issuance  thereof  is  authorized  by  a 
resolution  or  ordinance  passed  by'  a 
four-fifths  vote  of  all  members  of  the 
Council. 

201.  Kate  of  Interest  On  Bonds, 
Etc. — Bonds,  certificates  of  indebted¬ 
ness  and  other  evidence  of  indebted¬ 
ness  of  the  City,  authorized  by  this 
charter,  shall  not  bear  a  greater  rate 
of  interest  than  six  per  cent  per 
annum,  and  shall  not  be  sold  for  less 
than  the  par  value  thereof. 

ARTICLE  Xr. 

Local  Improvements  and  Payment  of 
Assessments  Tlierefor. 

202.  Improvements — Assessments. 
— The  City  shall  have  the  power  to 
fill,  grade,  curb,  plank,  pave,  gravel, 
and  macadamize  its  streets,  lanes,  al¬ 
leys,  and  highways;  to  construct,  lay, 
relay,  enlarge  and  repair  sidewalks, 
retaining  walls,  area  walls,  gutters, 
sewers  and  private  drains;  to  build 
and  place  protection  fences  and  rail¬ 
ings  along  streets,  alleys,  and  high¬ 
ways,  and  on  private  property  ad¬ 
jacent  thereto  for  the  safety  of 
pedestrians;  to  plant,  maintain  and 
protect  shade  and  ornamental  trees 
along  its  streets,  lanes,  alleys  and 
highways;  to  abate  nuisances  and  to 
drain  swamps,  marshes  and  ponds 
and  to  fill  the  same,  to  sprinkle  its 
streets,  lanes,  alleys,  highways  and 
public  grounds  with  water  and  oil, 
and  to  saturate  or  treat  the  surface 
with  any  kind  of  fluid,  mineral  or 
substance  for  the  prevention  of  dust 
in  the  atmosphere  or  on  the  surface 
of  such  highways  or  grounds;  and  to 
provide  electric,  gas  or  any  other 
means,  including  lamp  posts  and  fix¬ 
tures  and  appliances,  for  illuminating 
such  portion  of  its  streets  as  the 
Council  may  determine  to  specially 
light,  and  to  levy  assessments  for  the 
cost  of  all  the  improvements  men¬ 
tioned  i\i  the  manner  and  as  hereafter 
designated. 


2  03.  Improvements — Defraying 
Expenses  of. — The  expense  of  any 
improvement  mentioned  in  the  fore¬ 
going  section,  except  as  otherwise 
specially  provided,  shall  be  defrayed 
by  an  assessment  upon  real  estate 
benefited  thereby,  to  be  levied,  en¬ 
forced  and  collected  in  the  manner 
hereinafter  prescribed  in  this  article, 
except  that  all  or  any  part  of  the 
expense  for  paving,  re-paving,  gravel¬ 
ing,  macadamizing,  filling,  grading 
and  sewering  of  the  space  occupied 
by  street  intersections  or  any  part 
thereof  that  cannot  be  met  by  assess¬ 
ment  on  property  benefited  by  such 
improvement,  including  construction 
or  repair  of  sidewalks,  shall  be  paid 
out  of  the  permanent  improvement 
fund  of  the  City. 

204.  Improvements — C  o  ii  t  r  a  c  ts 
For. — Two  or  more  improvements 
upon  one  or  more  streets,  either  of 
paving,  curbing,  graveling,  macadam¬ 
izing,  planking,  grading  or  filling,  or 
constructing  retaining  walls,  protec¬ 
tion  fences,  area  walls,  sewers,  side¬ 
walks,  gutters  or  drains,  or  either  or 
any  of  them,  may  be  done  at  the 
same  time  under  one  resolution  and 
may  be  included  in  one  contract  if 
deemed  advisable  by  the  Council  so 
to  do. 

205.  Filing  Plans — Specifications 
— Estimate  Cost. — Prior  to  the  pas¬ 
sage  of  any  resolution  for  the  doing 
of  any  work  or  the  making  of  any 
improvement  hereinbefore  specified, 
the  expense  of  which  .is  to  be  assessed 
upon  property  benefited,  except  as 
otherwise  specially  provided  in  this 
charter  for  certain  designated  kinds 
of  improvements,  the  Council  shall 
cause  plans  and  specifications  of  such 
proposed  work,  together  with  an  esti¬ 
mate  of  the  probable  expense  thereof, 
to  be  made  by  the  City  Engineer,  or 
by  such  other  'competent  person  as 
may  be  employed  by  the  Council  for 
that  purpose,  and  presented  to  tha 
Council  for  its  consideration  and  ap¬ 
proval,  and  the  same  shall  immediate¬ 
ly  upon  the  approval  thereof  by  the 
Council  be  filed  in  the  office  of  the 
City  Clerk  for  the  inspection  of  all 
parties  interested. 

206.  Notice — ^Meeting  and  Hear¬ 
ing. — The  Council  shall  then  desig¬ 
nate  a  time  when  it  will  meet  in  the 
Council  Chamber,  not  less  than  twen¬ 
ty  days  distant,  and  act  in  relation 
to  the  doing  of  the  proposed  work 
and  the  making  of  the  proposed  im¬ 
provement,  and  direct  that  notice  of 
such  meeting  be  given  by  the  City 
Clerk  and  the  time  and  purpose 


thereof.  In  such  notice  shall  be 
stated  the  location  of  the  proposed 
improvement;  that  plans,  specifica¬ 
tions  and  estimates  therefor  have 
been  filed  in  the  office  of  the  City 
Clerk,  and  that  all  persons  interested 
will  be  heard  at  such  time  and  place; 
the  said  notice  shall  be  given  by 
publication  thereof  in  the  official 
paper  of  the  City,  at  least  once  in 
each  week  for  two  successive  weeks 
prior  to  the  time  of  such  meeting. 

207.  Pi*oce(lui'e  for  Improvements. 
— The  procedure  for  all  estimates, 
plans,  specifications,  advertising  and 
opening  bids,  contracts  and  bonds  for 
local  improvements  and  all  matters 
in  connection  therewith,  not  other¬ 
wise  provided  for  in  this  article  shall 
be  in  accordance  with  the  provisions 
of  Article  XIII  relative  thereto. 

208.  Street  Sprinkling — District 
Divisions — Contract  Price — Basis  Of. 

— Before  any  proceedings  are  had  for 
the  sprinkling  of  any  of  the  streets, 
lanes,  alleys  or  public  grounds  in  the 
City,  the  Council  shall  each  year,  by 
resolution,  determine  what  territory 
in  the  City  shall  be  sprinkled  during 
such  year,  and  may  divide  such  ter¬ 
ritory  into  two  or  more  sprinkling 
districts,  describing  the  boundary 
lines  of  each  such  district;  each  dis¬ 
trict  so  determined  shall  be  designat¬ 
ed  by  number,  and  thereafter  all  ref¬ 
erence  to  such  district  by  number  in 
any  notice  required  by  this  charter, 
or  in  any  other  proceeding  having 
reference  thereto,  shall  be  a  sufficient 
designation;  said  resolutions  shall 
designate  what  officer  or  officers  of 
^he  City  shall  supervise  and  inspect 
said  work  in  accordance  with  the 
plans  and  specifications  therefor; 
such  resolution  shall  be  published 
once  in  the  official  paper  of  the  City. 

The  contract  price  to  be  paid  by 
the  City  for  the  doing  of  such  work, 
when  such  sprinkling  is  done  with 
water,  shall  be  upon  the  basis  of 
sprinkling  one  hundred  square  feet 
per  week,  during  the  life  of  such 
contract;  if  in  the  opinion  of  the 
Council  it  is  deemed  impracticable  at 
the  time  of  letting  any  such  contract 
to  designate  the  exact  length  of  time 
during  which  sprinkling  is  necessary 
in  any  or  all  the  districts  designated 
during  any  particular  season,  the 
Council  may  let  such  contract  without 
so  designating  the  beginning  and  the 
end  of  such  sprinkling  season;  and 
upon  the  City  so  letting  such  con¬ 
tract,  the  Council  shall  have  the  pow¬ 
er  to  order  the  beginning  of  said  work 
upon  three  days’  notice  to  the  con¬ 


tractors  therefor,  and  shall  likewise 
have  power  to  order  said  work  to 
cease  for  the  season  in  any  or  all 
districts  or  in  any  portion  of  any  one 
district,  if  in  the  opinion  of  the  Coun¬ 
cil  no  necessity  therefor  exists,  and 
such  order  and  direction  shall  be 
final,  conclusive  and  binding  upon  all 
parties  concerned.  When  oil  or  any 
substance  other  than  water  is  em¬ 
ployed  for  the  prevention  of  dust  in 
such  work,  the  specifications  therefor 
shall  designate  the  number  of  sprink¬ 
lings  or  applications  of  the  substance 
to  be  applied  during  the  entire  sea¬ 
son  to  the  surface  of  the  streets  in 
the  district  specified,  and  the  con¬ 
tract  price  to  be  paid  by  the  City 
shall  be  upon  the  basis  of  one  lump 
sum  for  each  separate  sprinkling  or 
application  in  the  entire  district; 
such  sums  to  include  labor  and  ma¬ 
terial  or  to  be  for  labor  alone  as  the 
specifications  therefor  may  prescribe. 

Any  number  of  districts  may  be 
included  in  one  contract,  and  any  or 
all  action  by  the  Council  with  refer¬ 
ence  to  sprinkling  may  be  with  ref¬ 
erence  to  the  entire  territory  to  be 
sprinkled. 

209.  Paving  Streets — Baying  Sew¬ 
ers  At  Same  Time. — The  City  is  here¬ 
by  authorized,  whenever  a  contract 
is  let  for  the  paving  or  macadamizing 
of  any  of  its  streets,  to  include  in 
such  contract,  when  deemed  expedient 
or  necessary,  the  construction  and 
laying,  as  far  as  the  property  lines, 
of  all  lateral  sewers  and  drain  con¬ 
nections  that  may  be  deemed  expe¬ 
dient  or  necessary,  and  that  the  cost 
of  such  work  shall  be  assessed  by  the 
Council  upon  the  real  estate  benefited 
thereby,  and  the  payment  therefor  en¬ 
forced  and  collected  in  the  manner 
and  under  the  regulations  provided 
herein  for  other  local  improvements 
in  the  City. 

210.  Quarries — Apparatus  For 
Street  Paving. — The  Council  is  hereby 
authorized  to  provide,  establish, 
equip,  maintain  and  cause  to  be  oper¬ 
ated,  municipal  quarries  for  the  pur¬ 
pose  of  providing  stone,  rock  and 
macadam  for  municipal  improvements 
and  uses;  and  suitable  works,  appara¬ 
tus  and  other  facilities  for  the  manu¬ 
facture,  construction  and  laying  of 
macadam,  or  other  kinds  of  street 
pavements  and  sidewalks,  as  the 
Council  may  determine;  and  any  sur¬ 
plus  product  of  such  quarries  or 
works  not  required  for  municipal  use, 
may,  from  time  to  time  be  disposed 
of  by  sale  to  private  parties. 

211.  Improvements — Filing  Cer- 


tificate  of  Cost. — ^Whenever  any  ma¬ 
terial  is  furnished  by  or  obtained 
from  any  such  municipal  quarries, 
works,  apparatus  or  other  facilities, 
and  employed  in  the  construction  or 
or  making  of  any  public  improve¬ 
ments  provided  for  herein,  the  cost 
of  which  is  to  be  assessed  upon  prop¬ 
erty  benefited  thereby,  the  City  En¬ 
gineer  shall  immediately,  upon  the 
completion  of  said  improvement,  cer¬ 
tify  the  cost  of  such  material  so 
furnished  and  employed  in  the  mak¬ 
ing  of  said  improvement,  and  the 
cost  of  all  work  in  connection  there¬ 
with  to  the  Council,  and  such  certifi¬ 
cate  shall  be  placed  on  file  with  the 
City  Clerk  for  the  inspection  of  all 
parties  interested;  the  amount  so 
certified  shall  be  deemed  a  part  of 
the  cost  of  the  improvement  so  to  be 
assessed,  and  an  assessment  shall  be 
made  therefor,  levied  and  collected 
in  the  same  manner  as  though  said 
work  had  been  performed  and  said 
material  delivered  by  contract,  as 
hereinbefore  provided. 

212.  Power  To  Construct  and 
Maintain  Sewers. — The  Council  shall 
have  power  to  maintain  the  sewers 
now  established  in  the  City,  and  to 
enlarge,  extend,  relay  or  improve  the 
same,  as  it  shall  consider  the  public 
good  may  require,  and  may  construct 
and  cause  to  be  constructed  addition¬ 
al  sewers. 

213.  May  Assess  Cost  of  Ordinary 
Sewer. — The  Council  may  whenever  it 
shall  deem  it  necessary,  lay,  relay,  or 
extend  any  sewer  through  any  street 
in  the  City,  and  levy  and  assess,  and 
collect  the  cost  thereof,  not  exceeding 
the  estimated  cost  of  an  ordinary 
sewer,  including  all  necessary  catch- 
basins,  manholes,  lamp  holes  and 
flushing  valves,  by  a  special  assess¬ 
ment  upon  the  property  benefited 
thereby,  without  regard  to  cash  valu¬ 
ation.  The  cost  not  provided  by  such 
assessment,  including  the  increased 
cost  of  larger  sewers  and  construct¬ 
ing  the  same  across  streets  and 
against  property  which  is  by  law  ex¬ 
empt  from  such  assessment,  shall  be 
paid  out  of  the  permanent  improve¬ 
ment  fund  of  the  City.  A  sewer  fif¬ 
teen  inches  in  diameter  is  hereby 
declared  to  be  an  ordinary  street 
sewer  within  the  meaning  of  this 
charter,  for  the  drainage  of  abutting 
property. 

214.  Sewers — Ordering  Laying  of 
Lateral  Connections. — Whenever  a 
sewer  is  ordered  constructed  or  re- 
laid,  or  whenever  a  street  or  public 
Avay  or  place  is  paved,  or  repaved,  the 


Council  may  also  include  in  the  order 
the  construction  or  relaying  of  all 
lateral  sewer,  water,  and  gas  connec¬ 
tions  that  it  may  deem  expedient  or 
necessary,  and  such  lateral  connec¬ 
tions  shall  extend  to  the  property 
lines  fronting  thereon.  The  Council 
shall  assess  the  same,  except  gas 
connections,  upon  the  property  for  the 
benefit  of  which  such  lateral  connec¬ 
tions  are  so  made  without  regard  to 
the  valuation  or  frontage  of  such 
property,  and  such  lateral  connec¬ 
tions  may  be  included  in  any  contract 
awarded  for  such  improvement  and 
the  cost  thereof  provided  for  by  as¬ 
sessment  when  and  as  herein  required 
in  case  of  other  local  improvements. 
And  it  shall  be  the  duty  of  the  Board 
of  Water  Commissioners  to  co-oper¬ 
ate  and  work  with  the  Council  in  re¬ 
gard  to  such  lateral  water  connec¬ 
tions. 

215.  Streets  and  Public  Places — 
Permission  To  Lay  Sew'ers,  Etc. — 
The  Council  may,  subject  to  such 
terms  ahd  conditions  as  it  may  fix, 
require  all  persons  using  any  area  or 
space  within  the  limits  of  streets 
or  public  places,  to  permit  to  be  laid 
within  such  area  or  space  all  neces¬ 
sary  lateral  connections  and  private 
drains,  pipes,  sewers,  wires,  or  other 
public  utility  connections;  and  all 
permits  hereafter  granted  to  use 
areas  or  other  spaces  in  streets  or 
public  places  shall  be  granted  subject 
to  such  regulations  as  to  the  future 
laying  therein  of  lateral  sewers, 
pipes,  wires,  or  other  connections  as 
the  Council  shall  determine. 

216.  Drainage  of  Wet  Land  In  Vi¬ 
cinity  of  Sewer — Contribution  by 
Owner  May  Be  Compelled. — When¬ 
ever  any  sewer  of  the  City  shall  be 
extended  to  or  in  the  vicinity  of  any 
tract  of  wet  or  marshy  land,  either 
within  or  without  the  limits  of  the 
City,  and  the  Council  shall  consider 
that  the  public  health  of  the  City  de¬ 
mands  the  drainage  of  such  wet  or 
marshy  land,  and  the  extension  of 
such  sewer  to  or  into  such  land  and 
beyond  the  lines  of  the  streets  of  the 
City,  the  uouncil  may, 'by  resolution 
therefor,  direct  the  commencement  of 
proceedings  against  the  owner  of  such 
wet  or  marshy  land,  and  thereupon 
the  City  shall  have  the  right  to  main¬ 
tain  in  the  district  court  of  the 
County  of  Washington,  or  in  any 
other  court  of  competent  jurisdiction, 
an  action  against  such  owner  or  own¬ 
ers,  to  compel  a  contribution  from 
them  to  defray  the  expense  of  extend¬ 
ing  such  sewer  to  or  into  such  lands,. 


and  the  additional  expense,  if  any  such 
may  be  caused  by  the  necessity  of 
enlarging  the  sewers  through  the 
streets  of  the  City  from  such  tract 
of  land  to  the  outlet  of  such  sewer. 
In  such  action  the  court  shall  have 
power  to  direct  the  joining  of  other 
parties  to  such  action  as  defendants, 
in  such  manner  as  it  shall  adjudge 
eciuitable,  and  shall  make  award  of 
such  sum  or  sums  of  contribution  to 
the  expense  of  such  sewer  as  it  shall 
deem  just  and  in  proportion  to  the 
benefit  to  each  specific  parcel  of  such 
wet  or  marshy  land  as  shall  be  affect¬ 
ed  by  such  sewer,  but  in  no  case  to 
exceed  the  amount  of  benefit  it  shall 
adjudge  to  accrue  to  each  of  such 
specific  parcels  by  reason  of  such  ex¬ 
tension  of  such  sewer.  Such  award 
shall  stand  as  the  determination  of 
such  court,  and  the  City  shall  upon 
the  completion  of  such  work  have 
judgment  and  execution  for  the  sev¬ 
eral  sums  so  awarded,  which  judg¬ 
ment  shall  be  a  specific  lien  upon  each 
of  the  parcels  of  the  land  upon  which 
such  award  shall  be  made,  and  have 
equal  rank  upon  said  land  with  the 
liens'  of  the  state  and  county  for 
taxes,  and  with  the  liens  of  assess¬ 
ments  for  local  improvements  levied 
thereon,  and  such  judgments  may  be 
enforced  against  such  specific  prop¬ 
erty,  or  against  other  property  of  the 
owners  of  such  land  as  may  be  con¬ 
venient.  If,  upon  the  making  of  such 
award  by  said  court,  the  Council  shall 
consider  the  whole  expense  of  such 
improvement  above  the  amount  of 
such  award  to  be  an  excessive  burden 
on  the  City,  it  may  abandon  the  pro¬ 
ceedings  by  paying  the  taxable  costs 
in  such  action,  or  it  may  determine  to 
proceed  with  part  of  such  work  and 
abandon  the  remainder  thereof,  in  its 
discretion,  or  it  may,  in  its  discretion, 
delay  the  performance  of  the  work 
not  exceeding  three  years. 

217.  Conditions  for  Tapping  Sew¬ 
ers. — The  Council  shall  have  the  pow¬ 
er  to  prescribe  such  conditions  upon 
which  main,  lateral,  or  other  sewers 
may  be  tapped,  and  1?he  amounts  to 
be  paid  the  City  for  so  doing,  and 
regulations  for  the  maintenance  and 
protection  of  said  sewers,  as  the 
Council  may  deem  expedient,  as  well 
as  to  adopt  ordinances,  and  prescribe 

-penalties,  within  the  jurisdiction  of 
the  Municipal  Court  of  the  City,  for 
the  infraction  thereof. 

218.  Abating  Nuisance  of  Stag¬ 
nant  Waters  of  Lots — Cost  Assessed. 
— Whenever  the  Health  Commission¬ 
er  shall  report  to  the  Council  that 


stagnant  or  impure  water  stands  up¬ 
on  any  lot,  lots  or  parcels  of  land 
within  the  City,  thereby  creating  a 
nuisance  injurious  to  public  health  or 
comfort,  the  Council  shall  immediate¬ 
ly  proceed  to  investfgate  the  same, 
and  if  it  shall  determine  that  a  nui¬ 
sance  does  exist  by  reason  of  any 
stagnant  or  impure  water  standing 
upon  any  lot,  lots,  or  parcels  of  land, 
and  the  same  is  injurious  to  public 
health  or  comfort,  it  shall  instruct 
the  City  Engineer  to  prepare  and 
recommend  a  plan  and  specifications 
for  the  abatement  of  such  nuisance, 
together  with  an  estimate  of  the 
expense,  which  shall  be  submitted 
to  the  Council  and  filed  in  the  office 
of  the  City  Clerk,  the  same  as  for 
other  public  improvements,  and  if 
the  Council  deem  that  sufficient  real 
estate  can  be  found  benefited  to  the 
extent  of  the  damages,  cost  and  ex¬ 
penses  necessary  to  be  incurred  there¬ 
by,  the  Council  shall  order  the  doing 
of  said  work  in  the  manner  hereinbe¬ 
fore  provided,  and  the  same  notice 
and  proceedings  shall  be  had  in  rela¬ 
tion  thereto  by  the  Council  and  other 
City  Officers  as  in  case  of  other  local 
improvements,  and  the  cost  thereof 
shall  be  assessed  upon  the  property 
benefited. 

219.  Provision  for  Unforeseen  Ob¬ 
stacles. — If  the  Council,  in  carrying 

out  any  of  the  provisions  of  this  char¬ 
ter,  should  find  unforeseen  obstacles 
in  grading,  excavating,  filling,  paving 
or  abating  nuisance,  or  in  construct¬ 
ing  sewers  or  drains,  not  provided 
for,  the  Council  may  by  resolution  or¬ 
der  such  change  or  modification  in 
such  improvement  to  meet  such  un¬ 
foreseen  obstacles,  as  the  Council  may 
deem  equitable  and  jnst.  at  any  time 
before  or  after  the  letting  or  making 
of  any  contract  to  do  the  same,  or 
at  any  time  while  the  work  is  in  pro¬ 
gress;  and  any  additional  expense  oc¬ 
casioned  by  such  change,  addition  or 
modification  of  the  improvement  may 
be  included  in  the  assessment  there¬ 
for  upon  the  property  benefited  by 
such  improvement,  but  no  additional 
expense  shall  be  incurred  other  than 
may  be  necessary  to  .  overcome  such 
unforeseen  obstacles;  provided,  that 
if  the  expense  required  to  overcome 
such  unforeseen  obstacles  will  mater¬ 
ially  increase  the  cost  which  would 
be  incurred  in  the  work,  if  such  un¬ 
foreseen  obstacles  had  not  occurred, 
then  the  Council  shall  have  power,  by 
resolution  in  writing,  to  rescind  the 
contract  so  far  as  the  uncompleted 
part  of  the  work  is  concerned,  and 


may,  in  their  discretion,  after  such 
rescission,  order  the  work  to  be  relet 
as  other  work  is  let  under  this  char¬ 
ter,  and  the  original  contractor  in 
such  case  shall  be  entitled  to  be  paid 
for  the  portion  of  the  work  done  by 
him,  ratably,  according  to  contract 
price,  as  nearly  as  the  same  can  be 
ascertained,  and  no  more. 

22  0,  Sidewalks — Ordering  C  o  n- 
striiction  of. — The  Council  may,  by 
resolution  from  time  to  time  order 
the  construction  of  sidewalks  in  the 
City  in  the  same  manner  as  the  mak¬ 
ing  of  other  improvements  are  au¬ 
thorized  by  the  Council  under  the 
provisions  of  this  charter,  and  any 
number  of  walks  on  one  or  more 
streets  may  be  included  in  one  resolu¬ 
tion. 

221.  Sidewalks — Owner  Constinict- 
ing’ — Permit  Necessai*y— Bond. — Any 
person  desiring  to  construct,  lay  or 
relay  his  own  sidewalk  shall  first  ob¬ 
tain  a  permit  therefor  from  the  City 
Engineer;  such  permit  shall  state  the 
location,  the  material,  and  the  time 
when  the  sidewalk  shall  be  completed, 
and  there  shall  also  be  attached  to 
such  permit  a  general  plan  and  speci¬ 
fication  for  the  doing  of  the  work. 

No  work  shall  be  begun  thereon 
until  the  contractor  therefor,  or  the 
owner  thereof,  if  he  shall  do  the  work 
himself,  shall  first  execute  a  bond  to 
the  City,  with  two  or  more  sufficient 
sureties,  to  be  approved  by  the  ^layor 
in  the  penal  sum  of  not  less  than  one 
thousand  dollars  conditioned  that  he 
wull  do  said  work,  subject  to  the  sup¬ 
ervision  and  approval  of  the  City  En¬ 
gineer,  and  as  required  by  the  ordi¬ 
nances  of  the  City,  and  will  indemnify 
and  hold  harmless  the  City  against 
any  damage  or  loss  which  may  arise, 
or  in  any  way,  directly  or  indirectly, 
be  suffered  by  the  City  by  reason  of 
any  occurrence  whi,le  the  work  is  go¬ 
ing  on  and  before  acceptance  thereof 
by  the  City  Engineer,  caused  by  any 
negligence  or  misconduct  on  the  part 
of  such  contractor  or  owner,  as  the 
case  may  be,  his  or  their  servants'  or 
employees,  in  doing  the  same;  such 
bond  shall  be  fifed  with  the  City  Clerk 
and  may  be  enforced  by  the  City  the 
same  as  other  bonds  of  a  like  nature, 
as  required  by  law. 

222.  Sidewalks — Maimer  of  Con¬ 
struction — Contractor’s  Bond. — The 
Council  may  regulate  the  manner  of 
constructing,  laying,  relaying,  and  re¬ 
pairing  sidewalks  by  the  owners  of 
property,  not  inconsistent  with  the 
provisions  herein,  and  may  authorize 
the  filing  of  a  like  bond  as  hereinbe¬ 


fore  in  the  preceding  section  provided, 
in  such  penal  sum  as  the  Council  may 
direct,  by  persons  engaged  in  and 
carrying  on  the  business  of  construct¬ 
ing,  laying  or  relaying  sidewalks,  to 
include  and  cover  the  construction 
and  laying  of  all  walks  for  property 
owners  in  the  City,  for  a  period  of 
one  year,  and  such  bond  shall  have 
the  same  force  and  effect  as  though 
given  for  each  walk  separately,  as 
above  provided. 

When  an  owner  constructs,  lays  or 
relays  his  own  sidewalk,  the  same 
shall  be  constructed,  laid  or  relaid 
under  the  supervision  and  direction 
of  the  City  Engineer,  and  such  Engi¬ 
neer  shall  upon  the  full  and  satis¬ 
factory  completion  of  such  work,  de¬ 
liver  to  the  owner  a  certificate  of  his 
acceptance,  if  demanded. 

No  property  owner  shall  have  any 
authority  whatsoever  to  construct  or 
lay  his  own  sidewalk  after  the  Coun¬ 
cil  shall  have  ordered  its  construc¬ 
tion  by  resolution,  as  hereinbefore 
provided,  and  the  Council  shall  not 
so  order  the  building  of  any  sidew'alk 
after  a  permit  has  been  issued  there¬ 
for  by  the  City  Engineer,  and  before 
the  expiration  of  the  time  designated 
therein  within  which  the  same  is  to 
be  built. 

2  23.  Sidewalks — Assessing  Cost 
of. — The  Council  shall,  as  soon  as 
practicable  after  the  construction,  lay¬ 
ing  or  relaying  of  any  sidewalk,  as¬ 
sess  the  cost  of  such  improvement  or 
improvements  upon  the  real  estate 
benefited  thereby,  in  the  same  manner 
and  under  the  same  regulations  here¬ 
inbefore  provided  for  the  making  of 
other  assessments,  and  the  same  shall 
be  collected  and  enforced  and  all 
steps  taken  in  connection  therewith 
as  otherwise  provided  for  collecting 
and  enforcing  other  assessments;  the 
assessments  for  the  cost  of  any  num¬ 
ber  of  sidewalks  adjacent  to  any  num¬ 
ber  of  lots  or  parcels  of  land  may  be 
combined  in  one  assessment  roll. 

224.  Hidewal  ks — Repair  of. 
— ^Whenever  the  City  Engineer  shall 
report  to  the  Council  the  necessity  of 
repairing  any  sidewalk  in  the  City  by 
him  deemed  dangerous  to  pedestrians, 
and  shall  estimate  the  cost  of  such 
repairs  to  be  less  than  ten  dollars,  ad¬ 
jacent  to  any  one  lot  or  parcel  of 
land,  the  Council  may  authorize  the 
City  Engineer  to  make  such  repairs, 
if  the  owner  or  agent  thereof  fails  to 
make  such  repairs  within  forty-eight 
hours  after  the  notice  to  that  effect 
from  the  City  Engineer,  if  such  own¬ 
er  or  agent  be  known  and  can  be 


found  in  the  City.  j 

In  case  any  sidewalk  becomes  so  i 
out  of  repair  or  broken  as  to  become  i 
dangerous,  it  shall  be  the  duty  of 
the  City  Engineer  to  immediately  re¬ 
pair  the  same  in  a  good  and  substan¬ 
tial  manner,  or  remove  the  sidewalk 
entirely. 

The  City  Engineer  shall  keep  a 
written  record  of  all  repairs,  and  the 
cost  thereof,  and  shall  at  least  once 
in  each  month  report  and  certify  to 
the  Council  the  cost  in  each  case  of 
all  repairs  made  to  sidewalks  in  the 
City,  as  specified  in  this  section,  with 
a  description  of  each  lot  or  parcel  of 
land  abutting  each  case  of  repairs. 

Each  such  report  shall  be  filed  and 
preserved  by  the  City  Clerk  for  the 
inspection  of  all  parties  interested; 
the  Council  shall  once  in  each  year, 
as  near  as  conveniently  may  be  to  the 
time  of  the  annual  tax  levy  for  the 
City,  assess  and  levy  the  cost  of  mak¬ 
ing  such  repairs  upon  the  lots  or 
parcels  of  land  found  benefited  by 
such  repairs  in  the  same  manner  pro¬ 
vided  for  in  this  charter  for  assessing 
the  cost  of  other  improvements.  In 
each  case  such  assessment,  for  all 
such  repairs  within  the  year  and  since 
the  making  of  the  last  assessment  for 
such  repairs  may  be  combined  in  one 
assessment  roll;  such  assessment 
shall  be  collected  and  enforced  in  the 
same  manner  as  other  assessments 
provided  for  in  this  charter. 

2  25.  Streets — Sodding  or  Seeding 
Parked  or  Plotted  Parts — Assessing 
for. — The  Council  may  provide  that 
the  parked  part  or  grass  plot  of  any 
street  shall  be  graded  and  covered 
with  sod  or  seeded  with  grass,  to  be 
maintained  and  the  grass  to  be  prop¬ 
erly  cut  by  the  occupant  or  owner  of 
the  abutting  property  and  in  case  of 
the  neglect  of  the  occupant  or  owner 
to  so  do  that  the  same  may  be  done 
by  the  City  at  the  expense  of  the 
abutting  property,  and  that  said  ex¬ 
pense  be  collected  hy  assessment  in 
the  same  manner  as  assessments  for 
laying  and  repairing  sidewalks  are 
collected. 

226.  City  Treasurer’s  Certificate. 
After  all  assessments  levied  on  any 
piece  or  parcel  of  land  for  local  im¬ 
provements,  including  interest  and 
penalties,  have  been  paid  in  full  it 
shall  be  the  duty  of  the  City  Treasur¬ 
er,  when  requested,  to  endorse,  free 
of  charge,  on  any  deed  or  other  in¬ 
strument  describing  such  piece  or 
parcel  of  land  a  certificate  that  there 
are  no  unpaid  assessments  thereon. 

227.  1  )elinqueiit  Assessments — 


Payiiieiits — County  Auditor's  Certifi¬ 
cate. — Neither  the  County  Auditor 
nor  the  County  Treasurer  shall  issue 
certificates  that  taxes  are  paid  on  any 
piece  or  parcel  of  land  upon  which 
any  delinquent  assessment,  or  portion 
thereof,  authorized  by  this  charter, 
has  been  certified  to  him  as  due  and 
unpaid  until  such  assessment,  or  por¬ 
tion,  or  extended  installment  thereof, 
with  penalties  and  interest  thereon 
that  has  become  due,  has  been  paid 
and  canceled. 

2  2  8.  Deeds — Recording  Of — Re¬ 
quisites  Necessary. — The  Register  of 
Deeds  shall  not  record  any  deed  un¬ 
less  there  be  endorsed  on  such  deed 
a  certificate  of  the  County  Treasurer 
and  of  the  County  Auditor  and  of  the 
City  Treasurer  that  all  assessments 
due  and  delinquent  and  all  penalties 
and  interest  thereon  for  local  im¬ 
provements  have  been  paid,  and  any 
violation  of  this  provision  by  the 
Register  of  Deeds  shall  ibe  a  misde¬ 
meanor. 

229.  Assessments — Collection  Of 
— Lien — Prior  To  Adoption  of  Char¬ 
ter. — All  assessments  made  prior  to 
the  time  when  this  charter  goes  into 
effect  shall  be  collected  and  the  lien 
thereof  enforced  in  the  same  manner 
that  they  would  have  been  collected 
and  enforced  if  this  charter  had  not 
been  adopted.  The  laws  in  force 
when  any  condemnation  proceedings 
are  commenced  shall  apply  through¬ 
out  such  proceedings. 

230.  Assessments — P  a  rt  i  a  1  o  r 
Wholly  Completed — Prior  To  xAdop- 
tion  of  This  Charter. — The  Council 
miay  assess  in  laccordance  with  the 
provisions  of  this  charter,  the  cost  of 
any  improvement  either  fully  or  par¬ 
tially  completed  at  the  date  hereof, 
and  before  the  City  is  brought  within 
the  operation  of  this  charter,  and  for 
which  no  assessment  has  been  made 
at  such  time. 

231.  Assessments — Cost  of  Ap¬ 
portioned. — 'Before  or  after  the  com¬ 
pletion  of  any  improvement  author¬ 
ized  under  the  provisions  of  this 
charter,  the  Council  shall  proceed 
without  delay  to  apportion  and  assess 
the  cost  of  such  improvement,  when 
not  herein  otherwise  provided,  upon 
the  real  estate  by  it  deemed  benefited, 
to  the  extent  of  benefits  received,  and 
in  proportion,  as  near  as  may  be,  to 
the  benefits  resulting  thereto  from  the 
improvement;  and  it  shall  constitute 
no  objection  to  such  assessment  that 
the  amount  thereof  either  exceeds  or 
falls  short  of  the  original  estimate 
of  the  cost  of  the  improvement  sub- 


mitted  to  the  Council,  or  that  the  City^ 
has  not  fully  adjusted  all  matters 
with  the  contractor  for  said  work,  or 
that  the  Council  has  refused  at  that 
time  to  relieve  the  said  contractor 
from  further  duties  in  connection 
therewith. 

232.  Assessments  To  Be  In  Writ¬ 
ing. — ^Every  assessment  shall  be  in 
writing,  in  which  shall  be  given  a 
description  of  each  lot  or  parcel  so 
assessed,  the  name  of  the  owner 
thereof,  if  known,  and  the  exact 
amount  assessed  thereon. 

233.  Assessments — e  t  h  o  d  of 
JJescribing. — In  all  proceedings  and 
advertisements  for  the  making  and 
collection  of  any  assessment,  under 
this  charter,  letters,  figures,  and  the 
usual  and  customary  abbreviations 
may  be  UfSed  to  denote  lots,  parts  of 
lots,  lands  and  blocks,  sections,  town¬ 
ships,  ranges  and  parts  thereof,  the 
year  and  the  amounts. 

234.  Assessments — Filing  When 
Completed — Notice. — Upon  the  com¬ 
pletion  of  any  assessment  authorized 
by  this  charter,  the  Council  shall  di¬ 
rect  that  the  same  be  placed  on  file 
in  the  office  of  the  City  Clerk,  and 
shall  appoint  a  time,  not  less  than 
ten  days  thereafter,  and  a  place  when 
and  where  it  will  meet  to  consider 
and  act  upon  such  assessment,  and 
the  City  Clerk  shall  thereupon  cause 
notice  of  such  meeting,  and  the  time, 
place  and  purpose  thereof,  to  be  given 
by  one  publication  of  such  notice  in 
the  official  newspaper  of  the  City,  at 
least  five  days  prior  to  the  time  so 
appointed  for  said  meeting;  in  such 
notice  shall  be  given  a  brief  descrip¬ 
tion  of  the  improvement  for  which 
the  assessment  has  been  made,  and 
the  territory  included  therein,  and 
that  the  assessment  is  on  file  in  the 
office  of  the  City  Clerk,  and  open  to 
the  inspection  of  all  interested  par¬ 
ties,  and  that  all  objections  to  the 
same  must  be  filed  in  writing  in  the 
office  of  the  City  Clerk  at  least  one 
day  (Sunday  and  legal  holidays  ex¬ 
cepted,)  prior  to  said  meeting,  and 
that  unless  sufficient  cause  is  shown 
to  the  contrary  the  same  will  be  con¬ 
firmed;  provided,  that  if  such  assess¬ 
ment  be  for  sprinkling,  such  notice 
need  not  contain  a  description  of  the 
territory  included  in  such  assessment, 
and  a  reference  therein  to  the  num¬ 
ber  of  the  district,  for  the  sprinkling 
of  which  the  assessment  is  made,  shall 
be  deemed  sufficiently  definite. 

235.  Street  Sprinkling — Defining’. 
— The  word  “Sprinkling”  whenever 

.  used  in  this  charter  shall  be  deemed 


to  include  sprinkling,  saturating  or 
treating  the  surface  of  a  highway, 
street,  lane,  alley  and  public  ground 
with  water,  oil,  mineral  or  any  sub¬ 
stance,  for  the  purpose  of  preventing 
dust  in  the  atmosphere  or  on  the  sur¬ 
face  thereof. 

23  6.  Assessments — M  e  e  t  i  n  g — 
Hearing  On. — ^At  the  time  and  place 
so  appointed,  as  provided  in  Section 
234,  the  Council  shall  proceed  to  con¬ 
sider  said  assessment  and  hear  all 
objections  which  parties  interested 
may  desire  to  make  thereto,  and  may 
adjourn  the  hearing  as  often  as  deem¬ 
ed  expedient  to  a  future  definite  time 
and  place,  and  if  none  of  the  members 
is  present,  the  City  Clerk  may  ad¬ 
journ  the  hearing  to  some  other  con¬ 
venient  time  and  place,  of  which  ad¬ 
journment  all  parties  interested  shall 
be  required  and  deemed  to  take  no¬ 
tice;  provided,  however,  that  the 
Council  may,  in  its  discretion,  allow 
any  party  interested,  who  has  acci¬ 
dently  or  inadvertently  omitted  to  file 
his  objection  as  provided  in  this  char¬ 
ter,  to  do  so  at  the  time  of  the  hear¬ 
ing,  The  Council  may  give  a  new 
notice  of  such  hearing  if  the  previous 
i  notibe  shall  be  found  imperfect,  or 
for  any  other  reason. 

23  7.  Assessments —  Confirming — 
Revising. — The  Council  may,  after 
due  consideration,  make  such  correc¬ 
tion  or  changes  in  said  assessment, 
and  may  revise  the  same  as  it  may 
deem  necessary  to  perfect  and  equalize 
the  same  on  the  basis  prescribed 
herein,  and  shall  confirm  and  establish 
the  assessment  when  so  corrected  and 
equalized.  Said  assessment  when  so 
confirmed  and  established,  shall  be 
final,  conclusive,  and  binding  upon 
all  parties  interested  therein;  and  the 
several  amounts  charged  in  such  as¬ 
sessment  as  so  confirmed  and  estab¬ 
lished  against  the  several  lots  and 
parcels  of  land  therein  mentioned, 
shall  be  enforced  and  collected  as 
hereinafter  ’provided.  If  any  assess¬ 
ment  be  annulled  or  set  aside,  the 
Council  shall  proceed  de  novo  to  make 
another  assessment. 

23  8.  Assessments — On  Rnilroads. 
— When  in  any  case,  any  portion  of 
the  cost  and  expense  of  making  any 
improvement  mentioned  herein  shall 
by  virtue  of  any  valid  law  or  ordi¬ 
nance,  or  by  virtue  of  any  contract  be 
chargeable  to  any  railroad  or  street 
railway  company  in  the  City,  the 
amount  or  amounts  so  chargeable 
may  be  assessed  against  such  rail¬ 
road  company,  or  street  railway 
company,  and  the  remainder  only 


upon  the  real  estate  benefited  there-  j 
by,  and  the  City  may  collect  the  | 
amount  so  assessed  against  said 
railroad  company,  or  street  rail¬ 
way  company,  by  distress  and  sale 
of  personal  property  in  the  man¬ 
ner  provided  by  the  General  Laws 
of  this  State  in  the  case  of 
taxes  levied  upon  personal  ^property, 
or  by  suit  brought  for  that  purpose; 
provided,  however,  that  any  real  es¬ 
tate  belonging  to  such  railroad  com¬ 
pany  or  street  railway  company  and 
subject  to  assessment  under  the  Gen¬ 
eral  Laws  of  this  State  or  any  valid 
ordinance  or  contract,  and  deemed 
benefited  by  said  improvement,  shall 
be  assessed  as  in  other  cases. 

239.  Assessments  Against  County 
Property  —  H  o  w  Collected. — When¬ 
ever  any  assessment  shall  be  made 
under  any  of  the  provisions  of  this 
charter  against  any  real  estate  owned 
or  claimed  by  the  County  of  Wash¬ 
ington,  such  assessment  shall  be  re¬ 
turned  to  the  County  Auditor  with 
and  in  the  same  manner  as  other  like 
assessments,  and  the  County  Com¬ 
missioners  of  said  County  shall  there¬ 
upon  and  within  six  months  after 
such  assessment  has  been  so  returned 
to  said  County  Auditor,  appropriate 
from  the  treasury  of  said  County  and 
cause  to  be  paid  to  the  City  Treas¬ 
urer,  sufficient  sums  of  money  to  pay 
all  such  assessments.  In  case  of  a 
failure  of  said  County  Commissioners 
to  appropriate  money  for  and  pay 
any  such  assessment  within  the  time 
above  specified,  such  assessment  may 
be  collected  from  said  County  by  the 
City  in  any  appropriate  suit  or  action. 

240.  Payment  of  Annual  Install¬ 
ments. — When  any  special  assessment 
levied  against  real  estate  to  defray  the 
cost  and  expense  of  any  local  improve¬ 
ment  is  fully  completed  and  has  been 
confirmed  and  established,  the  Coun¬ 
cil  may  if  it  deem  it  expedient  so  to 
do  by  resolution  in  writing,  duly 
adopted  by  a  majority  vote  of  the 
Council,  provide  that  the  owner,  or 
any  person  interested  in  any  lot  or 
parcel  of  land  so  assessed  and  des¬ 
cribed  in  such  assessment,  may  at  his 
election  and  written  request  pay  the 
same  in  ten  annual  installments.  Each 
of  said  installments  shall  bear  inter¬ 
est  at  a  rate  to  be  determined  by  said 
resolution,  not  exceeding  six  per  cent 
per  annum  from  the  expiration  of 
thirty  days  after  the  publication  of 
the  notice  provided  in  Section  244. 

241.  City  Clerk  To  Keep  Record. 
— The  City  Clerk  shall  keep  in  his 
office,  in  books  provided  for  that  pur¬ 


pose,  a  correct  record  of  all  assess¬ 
ments  adopted  and  confirmed  by  the 
Council;  the  said  books  to  be  proper¬ 
ly  ruled  and  headed  so  as  to  contain 
at  all  times  a  substantial  description 
and  history  of  each  assessment  on 
each  lot  or  parcel  of  land,  whether 
payable  in  installments  as  herein¬ 
after  provided  and  whether  paid  to 
the  City  or  County  Treasurer,  or 
whether  remaining  unpaid. 

242.  Clerk  To  Issue  Warrant  For 
Collection. — ^When  any  special  assess¬ 
ment  shall  be  confirmed  and  estab¬ 
lished  by  the  Council,  it  shall  be  the 
duty  of  the  City  Clerk  to  issue  a  war¬ 
rant  for  the  collection  thereof,  which 
shall  be  under  the  seal  of  the  City  and 
signed  by  the  Mayor  and  City  Clerk, 
and  shall  contain  a  written  or  printed 
copy  of  the  assessment  roll  as  con¬ 
firmed,  or  so  much  thereof  as  des¬ 
cribes  the  real  estate  and  the  amount 
of  the  assessment  in  each  case.  Said 
warrant  shall  also  include  a  copy  of 
any  resolution  that  may  have  been 
passed  by  the  Council  as  provided  by 
Section  240. 

243.  Warrants  Delivered  to  Treas¬ 
urer. — All  warrants  issued  for  the 
collection  of  any  special  assessment 
by  the  City  shall  be  delivered  by  the 
City  Clerk  to  the  City  Treasurer  as 
soon  as  practicable  after  the  said  as¬ 
sessment  has  been  confirmed  and  es¬ 
tablished.  The  City  Clerk  shall  in 
each  instance  take  a  receipt  for  such 
warrants  and  place  the  same  on  file. 

244.  Treasurer  To  Give  Notice  By 
Publication. — Upon  the  receipt  of  any 
warrant  for  the  collection  of  any 
special  assessments,  the  City  Treas¬ 
urer  shall  forthwith  give  notice  by 
one  publication  in  the  official  news¬ 
paper  of  the  City  that  such  warrant  is 
in  his  hands  for  collection,  briefly  de¬ 
scribing  its  nature,  the  improvement 
for  which  the  assessment  was  made, 
and  the  territory  included  in  such 
assessment.  Such  notice  shall  re¬ 
quire  all  persons  interested  0  make 
payments  within  thirty  days  after 
the  publication  of  such  notice.  If 
the  resolution  provided  for  in  Sec- 
ton  240  has  been  adopted  by  the 
Council,  said  notice  shall  also  state 
that  the  owner,  or  any  person  inter¬ 
ested  in  any  lot  or  parcel  of  land  so 
assessed  and  described  in  such  assess¬ 
ment  may,  at  his  election  and  written 
request,  pay  the  assessment  in  ten 
annual  installments. 

245.  Notice  to  Be  Given  If  In¬ 
stallment  Plan  Is  Desired. — Any  per¬ 
son  desiring  to  pay  such  assessment 
in  installments,  as  a  condition  pre- 


cedent  to  the  exercise  of  such  right 
shall,  within  thirty  days  after  the 
publication  of  the  notice  provided  for 
in  the  preceding  section  and  before 
such  assessment  becomes  delinquent, 
make  and  file  in  the  office  of  the  City 
Treasurer  in  duplicate,  written  no¬ 
tice  of  his  election  to  pay  such  asse^^s- 
ment  in  annual  installments,  recog¬ 
nize  and  assent  to  the  regularity  of 
said  assessment,  and  at  the  same 
time,  pay  the  first  installment  then 
due  and  payable.  Upon  failure  to 
file  such  notice  and  pay  such  first 
installment,  the  whole  of  such  assess¬ 
ment  shall  be  due  and  payable  the 
same  as  though  no  extension  of  time 
for  payment  had  been  provided  for. 

Upon  the  filing  of  such  notice  by 
any  person  interested,  the  City  Treas¬ 
urer  shall  divide  the  said  assessment 
into  the  proper  installments,  and 
make  record  of  the  same  and  trans¬ 
mit  one  of  such  duplicate  notices  to 
the  City  Clerk,  who  shall  note  such 
fact  in  his  record  book  of  assess¬ 
ments. 

The  Council  may  at  any  time  a^lc  r 
an  assessment  becomes  delinqueni 
and  before  the  same  is  certified  'to 
the  County  Auditor,  upon  the  written 
application  of  the  owner,  and  upon 
such  terms  as  may  be  equitable, 
waive  the  neglect  to  so  elect  within 
the  proper  time,  and  permit  any 
assessment  which  has  become  delin¬ 
quent  to  be  paid  in  installments  as 
hereinbefore  provided. 

246.  Recognition  of  Validity  and 
Regularity  of  Assessment, — Any  per¬ 
son  making  an  election  to  pay  such 
assessment  in  installments  as  pro¬ 
vided  in  the  preceding  section,  his 
heirs  or  personal  representatives,  and 
the  grantees  of  him  or  them  named 
in  any.  conveyance  of  any  lot  or  par¬ 
cel  of  land  against  which  such  assess¬ 
ment  has  been  made,  shall  be  held 
to  have  recognized  and  assented  to 
the  validity  and  regularity  of  ‘^aid 
assessment,  and  of  all  proceedings 
had  thereon  nrior  to  the  granting  of 
said  application,  and  shall  thereby 
forever  be  estopped  from  denying  the 
validity  of  said  assessment  or  the 
amount  thereof. 

24  7.  AVhen  Installments  and  In¬ 
terest  Shall  Be  Paid.— The  time  for 
the  payment  of  installments  and  in¬ 
terest  and  for  the  enforcement  of  the 
same  against  the  pronerty  affected 
by  the  assessment  shall  be  extended 
so  that  the  several  amounts  shall  be¬ 
come  payable  as  follows:  — 

The  first  installment  within  thirty 
days  after  the  publication  of  the  City 


Treasurer’s  notice  provided  in  Sec¬ 
tion  244. 

The  second  installment,  together 
with  interest  on  same  on  all  future 
installments,  on  October  first  o^  the 
succeeding  year. 

The  third  installment,  together 
with  interest  on  same  and  on  all 
future  installments,  on  October  first 
of  the  following  year. 

The  fourth  installment,  together 
with  interest  on  same  and  on  all 
future  installments,  on  October  first 
of  the  following  year. 

The  fifth  installment,  together 
with  interest  on  the  same  and  on 
all  future  installments,  on  October 
first  of  the  following  year. 

-  The  sixth  installment,  together 
with  interest  on  same  and  on  ail 
future  installments,  on  October  first 
of  the  following  year. 

The  seventh  installment,  together 
with  interest  on  same  and  on  all 
finure  installments,  on  October  first 
of  the  fc-llowing  year. 

The  eighth  installment,  together 
with  interest  on  same  and  on  all 
future  installments,  on  October  first 
of  the  following  year. 

The  ninth  installment,  together 
with  interest  on  same  and  on  all 
future  installments,  on  October  first 
of  the  following  year. 

The  tenth  installment,  together 
with  interest  on  same,  on  October 
first  of  the  following  year. 

Each  installment,  together  with  in¬ 
terest  on  same,  as  aforesaid,  except¬ 
ing  the  first,  shall  be  due  and  pay¬ 
able  at  the  office  of  the  City  Treas¬ 
urer  on  the  first  day  of  October  of 
the  year  when  payable. 

248.  Wlien  Assessment  Is  Not 
Paid,  or  Notice  Is  Not  Given. — If  the 
assessment  charged  in  any  special 
assessment  warrant  made  for  any 
improvement  shall  not  be  paid  within 
thirty  days  after  the  publication  of 
said  notice  by  the  City  Treasurer, 
and  the  owner  or  person  interested 
in  the  lot  or  parcel  of  land  so 
assessed  has  neglected  to  make  and 
file  the  notice  of  election  and  make 
the  first  payment  as  provided  in  Sec¬ 
tion  2  45,  the  City  Treasurer  shall 
return  to  the  City  Clerk  a  list,  duly 
certified  of  the  assessments  w^hich 
still  remain  unpaid,  giving  in  such 
list  the  description  of  the  several  lots 
and  parcels  on  which  the  assessments 
have  not  been  paid,  with  the  names 
of  the  respective  owners  thereof,  if 
known,  and  the  several  amounts 
assessed  thereto, 

249.  Clerk  to  Certify  to  Auditor. 


— The  Citj’’  Clerk  shall,  on  or  before 
the  fifteenth  day  of  October  follow¬ 
ing  cause  a  statement  of  the  amount 
of  said  delinquent  assessments,  with 
six  per  cent  annual  interest  thereon 
computed  from  the  time  said  assess¬ 
ments  became  delinquent  to  the  first 
day  of  January  of  the  year  next  fol¬ 
lowing  the  making  of  said  assess¬ 
ments,  added  thereto,  with  a  des¬ 
cription  of  the  several  lots  and  par¬ 
cels  of  land  on  w'hich  the  same  are 
made,  and  the  names  of  the  respec¬ 
tive  owners  thereof,  if  known,  to  be 
certified  to  the  Auditor  of  Washing¬ 
ton  County  for  collection.  It  shall 
be  the  duty  of  the  County  Auditor  to 
extend  the  several  amounts  of  said 
unpaid  delinquent  assessments  and 
interest  in  proper  columns  on  his 
rolls  against  the  property  described 
in  such  statement  as  aforesaid  for 
collection,  and  each  such  assessment 
shall  be  collected  and  the  payment 
thereof  enforced  with  and  in  the  like 
manner  as  state,  county  and  other 
taxes  are  collected  and  the  payment 
thereof  enforced,  and  shall  be  sub¬ 
ject  to  all  the  penalties  and  charges 
as  property  delinquent  for  taxes, 
delinquent  for  county  and  state  pur¬ 
poses.  Every  such  assessment  when 
collected  shall  be  paid  over  by  the 
County  Treasurer  to  the  City  Treas¬ 
urer,  together  with  all  costs,  pen¬ 
alties  and  interest  collected  thereon, 
at  the  time  of  making  payment  of 
City  taxes  to  the  City  Treasurer.  At 
the  time  of  making  such  payment, 
said  County  Treasurer  shall  transmit 
to  the  City  Treasurer  a  detailed 
statement  showing  the  several  lots 
or  parcels  of  land  upon  which  collec¬ 
tions  have  been  made  by  him,  and 
for  which  payments  are  so  made; 
and  the  amount  collected  on  account 
of  each  such  lot  or  parcel  of  land. 

Provided,  the  Council  may,  prior 
to  the  saie  of  any  lot,  piece  or  parcel 

cf  land  for  the  en^'orcement  of  taxes 
pursuant  to  the  state  law,  by  a  reso¬ 
lution  direct  the  City  Clerk,  City 
Treasurer  and  the  Auditor  of  Wash¬ 
ington  County,  or  either  of  them,  to 
cancel  on  any  record  where  the  same 
appears  any  assessment  or  any  in¬ 
stallment  of  such  assessment,  wheth¬ 
er  because  the  same  be  irregular  or 
erroneous,  or  because  the  improve¬ 
ment  for  which  the  same  shall  have 
been  assessed  shall  have  been  aban¬ 
doned  by  the  Councir  in  whole  or 
in  part.  The  Council  may  in  like 
manner  direct  the  City  Clerk,  City 
Treasurer  and  Auditor  of  Washing¬ 
ton  County,  or  either  of  them  to  | 


'  !  / 

^  '  < 

divide  any  such  assessment,  or  aiiV 
installment  of  such  assessment,  and 
place  parts  thereof  on  any  part  df 
the  real  estate  against  which  Liie 
same  is  assessed,  and  to  make  the 
necessary  corrections  and  record 
thereof.  A  copy  of  any  resolution 
authorized  by  this  section,  certified 
by  the  'City  Clerk,  and  under  the  seal 
of  the  City,  filed  in  the  office  of  the 
City  Clerk,  the  City  Treasurer  or 
Auditor  of  Washington  County  .^ha’l 
be  sufficient  authority  to  such  officer 
to  comply  with  its  provisions. 

250.  When  Penalty  Attaches. — If 
any  installment  and  interest,  or  any 
part  of  such  Installment  and  interest^, 
is  not  paid  when  due  on  the  first  of 
October  of  each  year,  together  with 
interest  to  that  time  on  all  future 
installments  of  the  same  assessment, 
the  City  Treasurer  shall  add  a  pen¬ 
alty  of  five  per  cent  to  the  total 
amount  thus  delinquent  and  certify 
the  same  to  the  City  Clerk  as  a  spe¬ 
cial  tax  on  the  property  affected  by 
such  assessment.  The  City  Clerk 
shall  thereupon  certify  the  same  to 
the  Auditor  of  Washington  County, 
as  delinquent  installments  for  collec¬ 
tion  in  the  same  manner  and  at  the 
same  time  as  is  provided  in  the 
preceding  section  respecting  the  case 
of  delinquent  assessments,  where¬ 
upon  it  shall  be  the  duty  of  the 
County  Auditor  to  extend  the  same 
in  proper  columns  on  his  rolls  against 
the  property  described  in  said  state¬ 
ment  as  aforesaid  for  collection,  and 
each  such  installment  and  interest 
shall  be  collected  and  the  payment 
thereof  enforced  with  and  in  the  like 
manner  as  state,  county  and  other 
taxes  are  collected^^  and  the  payment 
thereof  enforced,  and  shall  be  sub¬ 
ject  to  all  the  penalties  and  charges 
as  property  delinquent  for  taxes  de¬ 
linquent  for  county  and  state  pur¬ 
poses.  Every  such  installment  and 
interest  shall  be  paid  over  by  the 
County  Treasurer  to  the  City  Treas¬ 
urer,  together  with  all  costs,  penal¬ 
ties  and  interest  collected  thereon 
at  the  time  of  making  the  payment 
of  city  taxes  to  the  City  Treasurer. 
At  the  time  of  making  such  payment 
said  County  Treasurer  shall  trans¬ 
mit  to  the  City  Treasurer  a  detailed 
statement  showing  the  several  pieces 
or  parcels  of  land  upon  which  col¬ 
lections  have  been  made  by  him,  and 
for  which  payments  are  so  made,  an  1 
the  amount  collected  on  account  of 
each  such  piece  or  parcel  of  land. 

251.  May  l*ay  Instiillments  at 
Any  Time  IJefore  Maturity. — Any 


owner  or  person  interested  in  any 
\lanii, '  against  which  an  assessment 
has  been  levied,  may,  after  such 
assessment  has  been  divided  into  in¬ 
stallments,  pay  one  or  more  of  the 
installments  at  any  time  before  ma¬ 
turity,  together  with  the  accrued 
interest  thereon  to  date  of  such  pay¬ 
ment. 

2  52.  To  Be  a  Paramount  and 
Perpetual  Bien. — Every  installment, 
the  time  of  payment  of  which  has 
been  extended  as  provided  by  this 
charter,  shall  constitute  and  continue 
to  be  a  paramount  and  perpetual  lien 
in  favor  of  the  City,  and  against  the 
lots  or  parcels  of  land  as  to  which 
said  extension  is  granted,  for  the^ 
amount  so  extended  for  each  lot  or 
parcel  until  the  same  is  fully  paid. 

253.  Not  to  Be  Set  Aside  or  De¬ 
clared  Invalid. — ^No  such  assessment, 
whether  divided  into  installments  or 
not,  shall  be  set  aside  or  held  in¬ 
valid  by  reason  of  any  informality 
in  the  proceedings  prior  to  the  entry 
thereof  on  the  tax  rolls  of  the 
Auditor  of  Washington  County,  as 
hereinbefore  required,  unless  it  shall 
appear  that  by  reason  of  such  in¬ 
formality  or  irregularity  substantial 
injury  has  been  done  to  the  person 
or  persons  claimed  to  be  aggrieved; 
and'  unless  objection  to  such  assess¬ 
ment  was  taken  at  the  time  and  in 
the  manner  provided  in  this  charter. 

2  54.  Certificates  of  Indebtedness 
May  Be  Issued. — The  Council  is 
hereby  further  authorized  to  cause 
to  be  issued  and  sold  as  the  proceeds 
thereof  shall  be  needed  for  the  pur¬ 
pose  of  paying  the  cost  of  any  such 
local  improvements  for  which  such 
assessments  against  lots  or  parcels 
of  land  have  been  made,  or  may  be 
made,  certificates  of  indebtedness  in 
anticipation  of  the  collection  of  such 
assessments,  whether  divided  into 
installments  or  not,  payable  at  such 
times  and  in  such  amounts  as  in  the 
judgment  of  the  Council  the  said 
assessments  will  likely  provide  mon¬ 
eys  with  which  to  pay  the  same, 
which  certificates  shall  bear  interest 
at  a  rate  not  to  'exceed  six  per  cent 
per  annum,  payable  annually,  and 
may  have  interest  coupons  attached 
thereto  representing  each  year’s  in¬ 
terest  and  shall  be  payable  at  such 
place  as  the  Council  may  determine. 
Such  certificates  shall  be  signed  by 
the  Mayor  and  the  City  Clerk,  and 
shall  be  in  denominations  of  not 
more  than  one  thousand  dollars 
each.  Such  certificates  may  be  used 
in  making  payments  on  contracts  for 


making  the  improvements  for  which 
such  assessments  are  made  or  may 
be  sold  at  such  time  and  manner  as 
the  Council  shall  determine,  but 
shall  not  be  sold  for  less  than  par 
and  accrued  interest,  and  the  pro¬ 
ceeds  credited  to  a  separate  fund  and 
used  for  paying  the  cost  of  such  im¬ 
provements.  No  part  of  the  moneys 
arising  from  the  sale  of  any  such 
certificates  shall  be  used  for  any 
other  purpose  than  the  payment  of 
the  cost  of  such  improvements. 

The  principal  and  interest  of  such 
certificates  so  sold  shall  be  a  first 
charge  on  the  moneys  received  by 
said  City  from  the  collection  of  the 
assessments,  whether  divided  into 
installments  or  not,  made  for  defray¬ 
ing  the  cost  of  such  improvements, 
and  no  part  of  such  moneys  shall  be 
used  for  any  other  purpose  than  the 
payment  of  such  certificates  until  the 
principal  and  interest  of  such  certifi¬ 
cates  shall  have  been  fully  paid. 

It  shall  be  the  duty  of  the  City 
Treasurer  to  endorse  on  each  certifi¬ 
cate  issued  as  aforesaid,  on  present¬ 
ation  to  him,  the  post  office  address 
of  the  owner,  and  in  case  of  assign¬ 
ment  of  any  such  certificate,  the 
holder  shall  present  the  same  to  the 
City  Treasurer  for  endorsement  of 
the  post  office  address  of  such 
assignee.  The  City  Treasurer  shall 
keep  a  proper  record  of  the  post 
office  addresses  of  the.  holders  of  all 
certificates  issued  as  aforesaid. 

Every  certificate  as  aforesaid  shall 
contain  the  following  clause:  “The 
City  of  Stillwater  reserves  the  right 
to  pay  this  certificate  of  indebtedness 
and  accrued  interest  at  any  time 
upon  giving  the  holder  or  owner 
thereof  thirty  days’  notice.” 

Whenever  there  are  moneys  in  the 
separate  fund  hereinbefore  men¬ 
tioned  that  may  be  properly  applied 
to  the  payment  of  any  such  out¬ 
standing  certificate  it  shall  be  the 
duty  of  the  City  Treasurer  to  notify 
the  owner  or  holder  of  fsuch  certifi¬ 
cate  that  there  is  money  in  the  City 
Treasury  for  the  payment  of  the 
same.  Said  notice  shall  be  given  by 
mail  addressed  to  the  last  known 
address  of  the  owner  or  holder  of 
said  certificate,  and  if  such  address 
is  unknown,  such  notice  (Shall  be  ad¬ 
dressed  to  such  person  at  Stillwater, 
Minnesota.  Proof  of  such  mailing 
shall  be  made  by  the  affidavit  of  the 
person  mailing  the  same,  and  shall 
state  the  time  and  manner  of  mail¬ 
ing,  and  how  each  notice  was  ad¬ 
dressed  and  such  affidavit  shall  be 


tiled  and  preserved  in  the  office  of 
the  City  Treasurer.  Such  certificate 
shall  draw  no  interest  after  thirty 
days  from  the  mailing  of  such  notice. 

255.  Not  to  lie  Deemed  as  a  Part 
of  the  Indebtedness  of  the  City.-  — 
None  of  the  certificates  of  indebted¬ 
ness  issued  pursuant  to  the  terms  of 
this  article  shall  be  deemed  or  taken 
to  be  a  part  of  the  indebtedness  of 
the  City  within  the  purview  of  any 
law  limiting  the  amount  of  any 
bonded  or  other  indebtedness  of  the 
City,  and  certificates  of  indebtedness 
authorized  by  this  article  may  be 
issued  notwithstanding  and  without 
regard  to  any  limitation  of  the  in¬ 
debtedness  of  the  City,  nevertheless 
the  full  faith  and  credit  of  the  City 
is  and  shall  be  irrevocably  pledged 
to  the  full  payment  of  such  certifi¬ 
cates  and  interest. 

ARTICLE  Xn. 

EMINENT  DOMAIN 

256.  Authority  of  City. — The  City 
is  hereby  empowered  to  take,  des¬ 
troy  or  damage  by  proceedings  in 
condemnation  any  real  or  personal 
property  or  interest  therein,  where¬ 
soever  situated,  which  may  be  needed 
by  the  City  for  any  public  use  or 
purpose.  The  necessity  for  taking, 
destroying  or  damaging  any  property 
for  public  use  or  purpose  shall  be 
first  determined  by  resolution  of  the 
Council,  which  resolution  shall  in  a 
general  way  describe  the  property  so 
to  be  taken,  destroyed  or  damaged, 
and  order  its  condemnation  therefor. 

257.  Property  Already  Devoted  to 
Public  Use. — The  fact  that  the  prop¬ 
erty  so  needed  by  the  City  has  been 
acquired  by  the  owner  under  eminent 
domain,  or  is  already  devoted  to  a 
public  use,  shall  not  prevent  its 
acquisition  by  the  City,  and  its  pub¬ 
lic  use,  if  not  inconsistent  with  the 
public  use  to  which  the  property  is 
already  devoted  or  if  it  shall*  not 
unreasonably  impair  such  prior  use. 

258.  How  Otherwise  Acquired. — 
The  City  may  acquire  any  property 
by  purchase,  gift,  devise  or  other¬ 
wise,  that  it  is  authorized  to  con¬ 
demn. 

259.  Determining  Property  to  Re 
Taken,  or  Injured. — Whenever  the 
Council  shall  by  resolution  consider 
it  necessary  to  take,  destroy  or  dam¬ 
age  any  real  or  personal  property  or 
interest  therein,  for  any  public  pur 
pose,  not  less  than  three  of  its  mem¬ 
bers,  with  the  City  Engineer,  shall 
make  examination  and  submit,  a 
written  report  to  the  Council  of  the 
location  and  description  of  such 


property,  together  with  a  pUit  of  the 
property  so  proposed  to  be  taken  or' 
injured,  if  practicable,  and  any  other 
matter  they  deem  proper  for  the  in 
formation  of  the  Council,  and  such 
report  may  contain  more  than  one 
location  and  plat.  The  report  dnd 
plat  shall  be  filed  in  the  office  of  tiie 
City  Clerk,  and  thereupon,  said  City 
Clerk  shall  give  notice  by  two  suc¬ 
cessive  publications  in  the  official 
paper  of  the  City  that  such  report  is 
on  file  in  his  office  for  inspection  of 
all  persons  interested,  and  that  tlie 
same  will  be  presented  to  the  Coun¬ 
cil  for  action  thereon  at  a  meeting 
of  the  Council,  to  be  named  in  such 
notice,  which  shall  be  the  regular 
meeting  of  the  Council  next  to  occur 
after  one  week  from  the  second 
publication  of  said  notice. 

At  the  meeting  named  in  such 
notice,  the  City  Clerk  shall,  next 
after  the  reading  of  the  minutes  of 
the  previous  meeting,  present  such 
report  and  plat,  if  any,  to  the  Coun¬ 
cil,  and  the  matter  may  then  be  acted 
upon  by  the  Council  at  the  same  or 
some  subsequent  meeting,  to  be 
designated.  The  Council,  under  such 
rules  as  it  may  prescribe,  shall  hear 
any  person  interested  in  the  matter, 
who  appears  and  desires  to  be  heard 
in  person  or  by  attorney,  or  the 
Council  may  -refer  such  hearing  to  a 
committee  to  hear  such  persons  and 
report  to  the  Council. 

After  such  hearing  the  Council, 
without  unreasonable  delay,  shall 
determine  whether  it  will  proceed 
with  such  matter,  or  not,  and,  if  it 
determines  to  proceed  further,  it 
shall,  by  resolution,  determine  the 
property  or  interest  in  property  to 
be  taken,  destroyed  or  damaged,  and 
cause  a  plat  thereof,  or  survey,  as 
may  be  necessary  to  show  or  explain 
the  same  to  be  made  and  filed  in  the 
office  of  the  City  Clerk. 

260.  Commissioners  and  Their 
Awards. — The  Council  shall,  upon 
determining  to  proceed  with  said 
condemnation,  or  afterwards,  appoint 
three  commissioners,  each  of  whom 
shall  receive  $3.00  per  day  as  com¬ 
pensation  to  be  paid  by  the  City'  and 
who  shall  be  freeholders  of  the  City, 
to  view  the  property  or  interests  to 
be  taken,  destroyed  or  damaged,  and 
ascertain  and  award  the  compensation 
to  be  paid  to  the  owners  of  the  prop¬ 
erty  so  to  ibe  taken,  destroyed  or 
damaged. 

Two  of  said  commissioners  shall 
constitute  a  quorum,  and  shall  be 
I  competent  to  do  any  act  required  by 


I  '  I  ' 

>  .said  conimissioners.  The  commis- 
\  ■  ’  ’  sioners  shall  be  notified  by  the  City 
Cleric  of'  ‘their  appointment  by  notice 
‘  to  be  served  on  them  severally,  either 
personally  or  by  mail,  to  attend  at 
the  office  of  the  City  Clerk  on  or  be¬ 
fore  a  given  hour  on  a  day  specified, 
not  less  than  two  days  after  serving 
or  mailing  said  notice,  to  qualify  and 
enter  upon  their  duties;  and  if  any 
commissioner  shall  refuse  or  neglect 
to  so  attend  he  shall  forfeit  and  pay 
to  the  City  the  sum  of  Fifty  ($50.00) 
Dollars,  to  be  recovered  for  the  use 
of  the  City  in  an  action  in  the  Muni¬ 
cipal  Court  of  the  City;  and  in  case 
a  quorum  of  said  commissioners  shall 
not  attend  at  the  time  and  place  so 
designated  in  said  notice,  the  Mayor 
or  acting  Mayor  of  the  City  may  ap¬ 
point,  in  writing,  one  or  more  com¬ 
missioners  instead  of  such  absen¬ 
tees. 

The  commissioners  shall  be  sworn 
by  the  City  Clerk  or  any  officer 
authorized  to  administer  oaths,  to 
discharge  their  duties  as  such  com¬ 
missioners  in  the  matter  with  fidelity 
and  impartiality,  and  make  due  re¬ 
turn  of  their  action  to  the  Council. 

Said  commissioners  shall  give  no¬ 
tice  by  two  publications  in  the  official 
paper  of  the  City,  that  they  will  at 
a  given  hour  and  day  designated  in 
such  notice,  which  shall  be  at  least 
ten  days  after  the  second  publication 
of  said  notice,  meet  at  a  place  desig¬ 
nated  in  said  notice,  on  or  near  the 
property  to  be  condemned,  and  view 
the  property  proposed  to  be  con¬ 
demned  and  ascertain  and  award 
therefor  compensation  to  the  owners 
thereof,  and  that  they  will  then  and 
there  hear  such  allegations  and  proof 
as  interested  parties  may  offer. 

Said  commissioners  shall  meet  and 
view  the  premises  pursuant  to  such 
notice,  and  may  adjourn  from  time 
to  time,  'and  after  viewing  said 
premises  may  adjourn  to  any  other 
convenient  place  in  the  City  to 
further  prosecute  their  business,  and 
upon  completion  of  said  hearing 
said  commissioners  shall  make  a 
true  and  impartial  appraisement  and 
award  of  compensation  to  be  paid 
to  each  person  whose  property  is  to 
be  taken,  destroyed  or  damaged. 

261.  Commissioners’  Awards  — 
Deductions  for  Property  Not  Dam¬ 
aged — Buildings. — In  making  such 
award  of  compensation,  said  com¬ 
missioners  shall,  where  the  whole 
of  an  entire  tract  or  parcel  of  land 
or  other  property  is  not  taken,  des¬ 
troyed  or  damaged,  deduct  from  the 


amount  of  the  value  of  the  property 
taken,  destroyed  or  damaged  and 
the  damages  to  the  parcel  not  taken, 
destroyed  or  damaged,  the  benefits, 
if  any,  that  may  specially  accrue  to 
the  parcel  not  taken  by  reason  of 
the  improvement  to  be  effected  by 
the  condemnation,  and  the  excess  of 
such  value  and  damages  above  such 
benefits  shall  be  the  amount  of  com¬ 
pensation  to  be  awarded  the  owner 
or  owners  thereof,  and  such  com¬ 
pensation  shall  be  separately  report¬ 
ed  by  said  commissioners  as  sums 
due  such  owners,  and  be  paid  said 
owners  in  money  as  hereinafter  pro¬ 
vided;  such  compensation  shall  draw 
interest  from  the  date  of  the  con¬ 
firmation  of  the  report  of  said  com¬ 
missioners,  from  which  date  also 
shall  the  condemnation  be  deemed  in 
law  to  be  fully  consummated. 

If  there  should  be  any  building 
standing  in  whole  or  in  part  upon 

the  land  to  be  taken,  destroyed  or 
damaged,  ithe  said  commissioners 
shall  add  to  their  estimate  of  dam¬ 
ages  for  the  land,  the  damages  also 
for  the  building  or  part  of  building 
to  be  taken,  destroyed  or  damaged, 
if  it  be  the  property  of  the  owner 
of  the  land.  'When  owned  by  any 
other  person,  the  damages  for  the 
building  shall  be  assessed  separately. 
The  value  of  such  building  to  the 
owner  to  remove,  or  of  the  part 
thereof  necessary  to  be  taken,  des¬ 
troyed  or  damaged,  shall  also  be 
determined  by  the  said  commission¬ 
ers,  and  notice  of  such  determination 
shall  be  given  by  them  to  the  owner 
personally,  when  known,  if  a  resident 
of  the  City,  or  left  at  his  usual  place 
of  residence  or  abode.  If  the  owner 
is  not  known,  or  is  a  non-resident, 
ten  days’  notice  by  one  publication 
to  all  persons  interested  shall  be 
given  in  the  official  paper  of  the  City. 
Such  owner  may,  at  any  time  within 
ten  days  after  such  notice,  notify  the 
commissioners,  in  writing,  of  his 
election  to  take  such  building,  or  part 
of  building,  at  the  amount  of  the 
appraisal;  and  in  such  case  the 
amount  of  such  appraisal  shall  be 
deducted  by  the  commissioners  from 
the  estimated  damages  for  the  land 
and  building,  where  they  belong  to 
the  same  owner,  and  from  the  esti¬ 
mated  damages  for  the  building, 
where  they  belong  to  different  own¬ 
ers;  and  the  owner  shall  have  such 
time  for  the  removal  of  such  build¬ 
ing  after  the  confirmation  of  the 
assessment  as  the  Council  may  allow. 
If  the  owner  shall  refuse  to  take  the 


building  at  the  appraised  value,  or 
fail  to  give  notice  of  his  election  as 
aforesaid,  within  the  time  prescribed, 
then  no  deduction  shall  be  made 
from  the  estimated  damages  afore¬ 
said,  and  the  Council  shall,  after  the 
confirmation  of  the  assessment,  and 
after  the  money  is  collected  or  other¬ 
wise  provided  and  ready  ip  the  hands 
of  the  City  Treasurer  to  be  paid 
over  to  the  owner  for  his  damages, 
proceed  to  sell  such  building  or  part 
of  building  at  public  auction,  for 
cash,  giving  ten  days’  public  notice 
of  the  sale,  by  one  publication  in  the 
official  paper  of  the  City,  and  cause 
such  building  to  be  then  forthwith 
removed.  The  proceeds  of  such  sale 
shall  be  paid  into  the  City  Treasury. 
If  the  lands  and  buildings  belong  to 
different  persons,  or  if  the  land  be 
subject  to  lease,  the  damages  done 
to  such  persons  respe'ctively  may  be 
awarded  to  them  by  the  commission¬ 
ers,  less  the  benefits  resulting  to  them 
respectively  from  the  improvement. 

262.  Commissioners’  R  e  p  o  r  t — 
Filing  of — N  o  t  i  c  e  of — Action  by 
Council. — Within  sixty  days  after 
they  shall  have  qualified  as  afore¬ 
said,  said  commissioners  shall  pre¬ 
pare  and  report  to  the  Council  their 
award  of  compensation  to  owners  of 
property  taken,  destroyed  and  dam¬ 
aged,  and  the  expenses  of  their  pro¬ 
ceedings,  which  report  shall  set  forth 
the  total  compensation  awarded  to 
each  owner  for  any  separate  tract  or 
interest  in  real  property,  and  the 
total  amount  of  benefits  charged  to 
each  such  tract  or  interest  which  it 
specially  derives  from  the  improve¬ 
ment  and  the  remainder,  if  any,  thus 
found  to  be  due  said  owner  shall 
represent  the  compensation  he  shall 
receive  for  his  property  so  taken, 
destroyed  or  damaged. 

All  sums  so  reported  due  owners, 
in  excess  of  benefits  charged  to  their 
property  as  ^aforesaid,  plus  all  ex¬ 
penses  of  the  proceedings  shall  repre¬ 
sent  the  cost  of  such  condemnation 
for  the  purpose  of  the  public  use  for 
which  it  is  so  taken,  destroyed  or 
damaged;  and  such  sum  shall  be  paid 
by  assessment  for  such  improvement 
as  such  property  may  be  acquired  for, 
or  otherwise  out  of  any  funds  of  the 
City  available  therefor. 

Such  commissioners  shall,  at  least 
five  days  before  presenting  such  re¬ 
port  to  the  Council,  or  filing  the 
same  in  the  office  of  the  City  Clerk, 
cause  a  notice  to  be  published  once 
in  the  official  paper  of  the  City 
stating  when  such  report  will  be  filed 


in  the  office  of  the  City  Clerk. 

Upon  the  filing  of  said  report  in 
the  office  of  the  City  Clerk  the  latter 
shall  present  the  same  to  the  Coun¬ 
cil  at  its  next  stated  meeting,  and 
thereupon  it  shall  lie  over  without 
further  action  until  the  next  stated 
meeting  of  the  Council,  which  shall 
occur  at  least  one  week  after  said 
report  is  filed  in  the  office  of  the 
City  Clerk,  at  which  time,  or  at  any 
subsequent  time,  the  Council  may  act 
on  such  report  and  hear  any  objec¬ 
tions  that  may  be  made  thereto,  or 
I  may  refer  the  matter  to  a  committee 
to  hear  such  objections  and  report 
thereon. 

The  Council  may  confirm  such  re 
port  and  award  or  annul  the  same, 
or  send  the  same  back  to  the  same 
commissioners  for  further  consider¬ 
ation,  and  such  commissioners  may, 
in  such  case,  on  giving  notice  to  be 
published  once  in  the  official  paper 
of  the  City,  meet  at  an  hour,  day  and 
place  designated  in  such  notice,  which 
shall  be  at  least  two  days  after  the 
publication  of  said  notice,  and  hear 
any  further  evidence  that  may  be 
offered  by  interested  parties,  and 
may  adjourn  from  time  to  time  and 
correct  any  mistakes  in  their  former 
award  and  reverse  and  alter  the 
same  as  they  may  deem  just,  and 
j  again  report  their  award  to  the  Coun¬ 
cil  within  sixty  days  after  the  same 
shall  be  sent  back  to  them,  and  the 
Council  may  confirm  or  annul  the 
same. 

When  any  such  award  shall  be  con 
firmed  by  the  Council,  the  same  shall 
be  final  and  conclusive  upon  all  in¬ 
terested  parties,  except  as  hereinafter 
provided. 

2  63.  Effect  of  Award — Payment 
— Abandonment — Abstract  of  Title. 

— ^Whenever  an  award  of  compensa¬ 
tion  shall  be  confirmed  by  the  Coun¬ 
cil,  and  not  appealed  from,  or  is  not 
set  aside  on  appeal,  the  same  shall 
constitute  a  lawful  and  sufficient 
condemnation  of  the  property  or 
rights  in  property  for  public  use  for 
which  compensation  is  awarded;  and 
the  Council  shall  thereupon  cause  to 
be  paid,  from  the  fund  lawfully  ap¬ 
plicable  thereto,  to  the  owners  of  the 
property  or  interests  so  condemned 
and  appropriated  the  amount  award¬ 
ed  to  them  severally. 

In  case  such  payment  is  not  made 
within  one  year  after  such  con¬ 
demnation  shall  have  become  final, 
as  aforesaid,  such  proceedings  shall 
be  deemed  to  be 'abandoned. 

Before  payment  of  such  award  the 


owner  of  such  property  or  interest 
in  property  to  whom  award  shall 
have  been  made,  shall  furnish  the 
City  an  abstract  of  title,  showing 
himself  entitled  to  the  compensation 
so  awarded  him.  In  case  of  neglect 
to  furnish  such  abstract  or  there 
shall  be  any  doubt  as  to  who  is  en¬ 
titled  to  such  compensation,  or  any 
part  thereof,  the  amount  so  awarded 
shall  be,  by  the  Council  appropriated 
and  set  apart  in  the  City  treasury 
for  w^hoever  shall  be  entitled  thereto, 
and  be  paid  over  whenever  any  per¬ 
son  shall  show  clear  right  to  receive 
the  same.  The  Council  may,  in  its 
discretion,  require  from  such  person 
a  bond,  with  good  and  sufficient  sure¬ 
ties  conditioned  to  indemnify  and 
save  harmless  the  City  from  all 
claims  for  such  compensation  or  for 
the  property  for  which  the  same  was 
awarded  and  all  loss,  costs  and  ex¬ 
penses  on  account  of  such  claim. 

Upon  the  payment  of  such  award 
or  the  setting  apart  in  the  City 
treasury  of  the  money  with  which  to 
pay  the  same  as  aforesaid,  the  City 
shall  become  vested  with  the  title  to 
the  property  so  taken  and  con¬ 
demned,  absolutely,  for  all  purposes 
for  which  the  City  may  ever  have 
occasion  to  use  the  same,  and  may 
forthwith  enter  upon  the  use  of  the 
same,  and  such  purposes  shall  in¬ 
clude,  among  others,  the  right  to 
authorize  and  empower  the  laying 
of  railroad  or  street-railway  tracks, 
and  the  running  of  cars  and  engines 
thereon,  upon  any  public  levee  by 
any  railroad  or  street  railway  com¬ 
pany,  and  such  prospective  use  shall 
be  considered  in  the  award  of  com¬ 
pensation  to  be  made  and  paid  as 
aforesaid. 

2  64.  Payment  of  Awards — Notice 
of — Appeal  From. — As  soon  as  the 
money  is  collected  and  in  the  hands 
of  the  City  Treasurer  ready  to  be 
paid  to  the  parties  entitled  to  dam¬ 
ages  for  property  condemned,  seven 
days  notice  thereof  by  one  publica¬ 
tion  shall  be  given  by  the  City  Treas¬ 
urer  in  the  official  paper  of  the  City, 
and  the  City  may  then,  and  not  be¬ 
fore,  except  as  hereinafter  provided, 
enter  upon,  take  possession  of  and 
appropriate  the  property  condemned; 
and  whenever  the  damages  awarded 
to  the  owner  of  any  property  con¬ 
demned  by  the  City  for  public  use 
shall  have  been  paid  to  the  owner  or 
his  agent,  or  when  sufficient  money 
for  that  purpose  shall  be  in  the 
hands  of  the  City  Treasurer  ready  to 
be  paid  over  to  such  owner,  and 


seven  days’  notice  thereof  shall  have 
been  given  in  the  official  paper  of 
the  City,  the  City  may  enter  upon 
and  appropriate  such  property  to  the 
use  for  which  the  same  was  con¬ 
demned.  Provided,  that  the  City 
shall  not  be  hindered,  delayed  or  pre¬ 
vented  by  the  prosecution  of  an  ap¬ 
peal  by  any  person,  as  herein  pro¬ 
vided  for,  from  entering  upon  and 
appropriating  such  property  to  the 
use  for  which  same  was  condemned, 
if  after  such  appeal  has  been  taken, 
the  City  shall  by  its  Mayor,  execute 
and  file  in  the  office  of  the  Clerk  of 
the  District  Court  of  Washington 
County,  a  bond  in  amount  and  with 
sureties  to  be  fixed  and  approved  by 
said  Court,  payable  to  the  appellant, 
conditioned  that  the  City  shall,  in 
case  the  assessment  against  the  prop¬ 
erty  appealed  from  be  annulled  and 
set  aside  by  said  Court,  pay  what¬ 
ever  sum  shall  finally  be  awarded  as 
damages  for  such  property  so  con¬ 
demned  and  appropriated.  This  pro¬ 
vision  shall  apply  as  well  to  all  pro¬ 
ceedings  for  condemnation  now  pend¬ 
ing,  in  whatever  stage  such  proceed¬ 
ings  may  now  be,  as  to  those  here¬ 
after  to  be  commenced.  The  Mayor 
of  the  City  is  hereby  authorized  and 
empowered  to  execute  the  bond  here¬ 
in  provided. 

2  65.  Land  Taken — Annuls  Leases, 
Etc. — When  the  whole  of  any  lot  or 
parcel  of  land  or  other  premises, 
under  lease  or  other  contract,  shall 
be  taken  for  the  purposes  provided 
in  this  article,  all  the  covenants,  con¬ 
tracts  and  engagements  between 
landlords  and  tenants  or  any  other 
contracting  parties,  touching  the 
same  or  any  part  thereof,  shall,  upon 
publication  of  the  notice  required  in 
the  preceding  section,  respectively 
cease  and  he  absolutely  discharged. 

2  66.  Part  of  Land  Taken^ — An¬ 
nuls  Leases,  Etc. — Where  part  only 
of  any  lot  or  parcel  of  land  or  other 
premises  so  under  lease  or  other 
contract  shall  be  taken  for  any  of 
the  purposes  provided  in  this  article, 
all  the  covenants,  contracts,  agree¬ 
ments  and  engagements  respecting 
the  same,  upon  publication  of  the 
notice  provided  in  Section  2  64  shall 
be  absolutely  discharged,  as  to  the 
part  thereof  taken;  but  shall  remain 
valid  as  to  the  residue  thereof,  and 
the  rents,  considerations  and  pay¬ 
ments  reserved,  payable  and  to  be 
paid  in  respect  to  the  same,  shall  be 
so  proportioned  that  the  part  thereof 
justly  and  equitably  payable  for  such 
I  residue  thereof,  and  no  more,  shall 


be  paid  and  recoverable  for  the  same,  i 

2  67.  J>aiiiaJi'c.s — AssCvSsiiieiit  of — 
on  Land. — In  the  assess¬ 
ment  of  damages  and  benefits  for  the 
opening  of  any  street  or  alley,  it 
shall  be  lawful  for  the  commission¬ 
ers,  in  their  discretion,  in  making 
such  assessments,  should  there  be 
any  building  in  whole  or  in  part  up¬ 
on  the  land  to  be  taken  as  afore¬ 
said,  to  consider  the  propriety  of 
allowing  said  building  to  remain  up¬ 
on  such  land  taken  as  aforesaid,  for 
such  time  after  condemnation  as 
they  may  deem  for  the  best  interest 
of  the  City,  and  if  they  shall  deter¬ 
mine  to  allow  the  building  to  remain 
on  said  land  for  an'y  given  period, 
then  they  shall  determine  the  value 
of  the  use  of  said  land  to  the  owner 
of  said  building  for  the  time  said 
building  may  be  permitted  to  remain, 
which  sum  when  ascertained,  shall 
be  deducted  from  the  damages  award¬ 
ed  for  said  building. 

ARTICLE  XIII. 

ACCOUNTS  AND  CONTRACTS 

268.  Accounts  to  Be  Itemized  and 
Verified. — No  account,  claim  or  de¬ 
mand  against  the  City  for  any  prop¬ 
erty  or  services,  shall  be  allowed  by 
the  Council  until  it  is  reduced  to 
writing  in  items,  and  verified  by  the 
claimant  or  his  agent  to  the  effect 
that  such  account,  claim  or  demand 
is  just  and  true;  that  the  money 
therein  charged  was  actually  paid  for 
the  purposes  therein  stated;  that  the 
property  therein  charged  was  actual¬ 
ly  delivered  or  used  as  therein  stated, 
and  was  of  the  value  therein  charged, 
and  that  the  services  therein  charged 
were  actually  rendered  and  either 
were  of  the  value  therein  stated  or, 
if  official  for  which  fees  are  pre¬ 
scribed  by  law,  then  that  the  fees 
charged  therefor  are  such  as  are 
allowed  by  law,  and  that  no  part  of 
said  claim  or  demand  has  been  paid: 
Provided,  this  section  shall  not  apply 
to  any  claim  for  salaries  of  officials 
that  have  been  fixed  by  law,  or  to 
the  fees  of  jurors  or  witnesses  and 
the  verification  aforesaid  shall  not 
be  required  in  case  of  a  claim  or 
demand  presented  by  an  administra¬ 
tor  or  executor  in  behalf  of  the  estate 
of  a  deceased  person. 

269.  Auditing  of  Accounts. — Ac¬ 
counts  or  claims  presented  to  the 
Council  as  prescribed  in  the  preced¬ 
ing  section,  shall  be  allowed  or  dis¬ 
allowed  in  whole  or  in  part  as  shall 
appear  to  the  Council  just  and  lawful. 

270.  Accounts  Not  Itemized — 
Penalty. — Every  member  of  the 


Council  who  shall  audit  and  allow 
any  claim  without  the  same  having 
been  first  duly  itemized,  and  ap¬ 
proved  in  writing  by  the  proper 
officer,  shall  be  guilty  of  a  gross 
misdemeanor. 

’271.  Appeals. — Appeal  may  be 
taken  from  the  action  of  the  Council 
on  any  claim  or  demand  against  the 
City  as  provided  in  this  article  by 
proceeding  in  accordance  with  the 
provisions  of  Article  XVI  relative 
thereto. 

272.  Contracts  —  Minimum 
Amoimt — $500.00 — Construing  Of. — 
All  contracts  for  commodities,  or 
service  to  be  furnished  or  performed 
for  the  City,  involving  an  expendi¬ 
ture  of  more  than  Five  Hundred 
($500.00)  Dollars  shall  be  made  as 
in  this  article  provided. 

The  words  •“commodities”  and 
“service”  as  used  in  this  article  shall 
be  construed  to  include  all  labor, 
materials  or  other  property,  and  all 
lighting  and  other  service  and  all 
local  or  public  improvements-. 

The  word  “contract”  as  used  in 
this  article  shall  be  construed  to  in¬ 
clude  every  agreement,  in  writing  or 
otherwise,  executed  or  executory,  by 
which  any  commodities,  labor  or 
service  are  to  be  furnished  to  or 
done  for  the  City,  and  every  trans¬ 
action  whereby  an  expenditure  is 
made  or  incurred  on  the  part  of  the 
City. 

Any  action  in  this  article  required 
or  authorized  to  be  taken  by  the 
Council  shall  be  by  resolution  or 
ordinance. 

273.  Contracts^ — Estimates — Pub¬ 
lic  Bids. — The  Council,  in  the  first 
instance,  shall  on  its  own  motion,  or 
may,  on  the  recommendation  or  re¬ 
port  of  any  officer  of  the  City,  deter-  ; 
mine  in  a  general  way,  the  com¬ 
modities,  labor  or  service  to  be  done 
or  furnished,  and  shall  estimate  the 
cost  thereof,  and  in  order  to  deter¬ 
mine  such  estimated  cost  may  re¬ 
quire  estimates  from  any  officer  or 
employe  of  the  City. 

In  case  such  estimated  cost  does 
not  exceed  the  sum  of  Five  Hundred 
($500.00)  Dollars,  the  Council  may 
direct  that  the  commodities,  labor  or 
service  be  procured  by  or  through 
the  proper  officer  of  the  City  without 
public  bids. 

I  In  all  cases  where  such  estimated 
cost  exceeds  the  sum  of  Five  Hundred 
($500.00)  Dollars,  said  commodities, 
labor  or  service  shall  be  furnished  or 
done  only  upon  public  bids. 

274.  Contracts  for  Improvements. 


— ^Any  contract  for  the  making  of 
any  improvement,  or  the  doing  of 
any  work  designated  in  this  charter 
may  be  for  the  entire  improvement 
complete  and  include  all  labor,  ma¬ 
terial,  machinery  and  whatever  may 
be  necessary  for  the  full  completion 
thereof,  or  it  may  be  for  doing  the 
work  alone,  the  City  furnishing  the 
necessary  material  therefor,  as  the 
Council  may  deem  to  the  best  inter¬ 
est  of  the  City;  and  the  Council  may 
also,  at  its  discretion,  cause  the  mak¬ 
ing  of  any  isuch  improvement  by 
separate  contracts  for  different  por¬ 
tions  thereof  or  by  separate  contracts 
for  the  labor,  material  and  machin¬ 
ery  required  for  the  making  of  such 
improvement;  in  each  such  instance 
the  bids  to  be  advertised  as  pre¬ 
scribed  by  Section  2  77  shall  contain 
a  distinct  statement  of  the  nature 
and  extent  of  such  separate  contracts, 
and  shall  definitely  describe  such 
separate  portions  of  such  improve¬ 
ment. 

275.  ^  Improvements  —  3Iachinery 
— Patent  Appliances. — Whenever  any 
machinery  or  mechanical  appliances 
shall  form  a  part  of  any  improve¬ 
ment  authorized,  the  Council  may 
select  patented  appliances  and  ma¬ 
terials  to  enter  into  such  construc¬ 
tion,  if  the  cost,  maintenance  and 
efficiency  thereof  is  deemed  relative¬ 
ly  the  lowest  or  most  satisfactory, 
all  things  considered,  and  the  de- 1 
cision  of  the  Council  therein  shall 
be  final.  The  Council  may  award  a 
contract  for  the  same  after  taking 
into  consideration  the  efficiency, 
duty,  cost  of  operation  and  main¬ 
tenance  and  the  construction,  work¬ 
manship  and  operation  generally  of 
the  several  machines  or  appliances 
designated  in  the  several  bids,  with¬ 
out  regard  to  the  amount  of  such 
bids. 

2  76.  Contracts — Plans — Specifica¬ 
tions. — ^Before  advertising  for  bids, 
the  Council  shall  cause  to  be  pre¬ 
pared  by  the  proper  officer  of  the 
City,  and  filed  in  the  office  of  the 
City  Clerk,  detailed  plans  and  specifi¬ 
cations  and  the  proposed  contract 
for  commodities  and  service. 

2  7  7.  Contracts— Advertising  Bids. 
— After  filing  the  plans,  specifications 
and  proposed  contract,  or  when  the 
Council  has  determined  to  proceed 
with  any  improvement,  and  the 
public  hearing  has  been  had  thereon, 
as  provided  in  Section  20  6  the  Coun¬ 
cil  shall  direct  the  City  Clerk  to  ad¬ 
vertise  for  bids  for  doing  or  furnish¬ 
ing  said  commodities,  labor  or  serv¬ 


ice  in  accordance  with  such  contract, 
plans  or  specifications.  ’  Such  adver¬ 
tisement  shall  be  published  in  the 
official  paper  and  in  such  other  man¬ 
ner  as  the  Council  may  direct.  All 
advertisements  for  bids  shall  clearly 
state  that  such  bids  are  to  be  received 
and  opened  and  read,  at  a  public 
meeting  of  the  Council,  in  the  Coun¬ 
cil  Chamber,  upon  a  certain  day  and 
hour,  and  in  said  advertisements 
there  shall  be  reserved  the  right  of 
the  City  to  reject  any  and  all  bids. 

2  78.  Bids^ — Certified  Check  to  Ac- 
eoinpaiiy. — The  Council  shall  require 
all  bids  for  the  doing  of  all  work  or 
the  furnishing  of  all  skill  or  ma¬ 
terial  authorized  by  this  charter,  to 
be  accompanied  by  a  certified  check 
payable  to  the  City,  for  at  least  five 
per  cent  of  the  total  amount  of  such 
bid,  or  cash  to  the  same  amount  to 
secure  the  execution  by  the  bidder 
of  a  contract  with  the  City  for  the 
doing  of  the  work  or  the  furnishing 
of  the  skill  or  material  for  the  price 
mentioned  in  his  bid,  and  according 
to  the  plans  and  specifications  there¬ 
for  in  case  the  contract  shall  be 
awarded  to  him;  and  in  case  of 
default  on  his  part  to  sign  and  enter 
into  such  contract  therefor  within 
the  time  prescribed  by  Section  280, 
the  said  money  or  check  shall  be 
deemed  forfeited,  and  become  the 
property  of  the  City  absolutely., 

279.  Bids  —  To  Be  Numbered, 
Opened  and  Bead  in  Public. — At  the 
time  and  place  mentioned  in  the  ad¬ 
vertisement  for  bids,  the  Council 
shall  meet  in  public  session  and 
publicly  receive,  open  and  read  all 
bids  that  may  be  presented.  Before 
any  bids  are  opened,  they  shall  be 
numbered  consecutively,  and  no 
further  bids  shall  be  received  after 
any  bid  has  been  opened.  The  Coun¬ 
cil  shall  give  all  persons  who  may  so 
desire  an  opportunity  to  inspect  all 
bids  when  they  are  opdned.  No  bid' 
shall  be  considered  if  unaccompanied 
by  a  certified  check. 

2  80.  Bids — Acceptance  of — Award 
of  Contracts. — The  Council  shall  act 
upon  such  bids,  and  determine  which 
one,  if  any,  shall  be  accepted  by  an 
affirmative  vote  of  a  majority  of  all 
its  members,  and  authorize  the  do¬ 
ing  of  the  proposed  work,  or  any 
part  thereof  by  the  person  whose 
bid  shall  have  been  accepted,  and 
direct  that  written  contract  be  made 
with  him  therefor.  All  contracts 
shall  be  awarded  to  the  lowest  reli¬ 
able  and  responsible  bidder  comply¬ 
ing  with  the  foregoing  requirements. 


provided,  that  the  Council  may  re¬ 
ject  any  bids  which  it  may  deem  un¬ 
reasonable  or  unreliable,  and  the 
Council  in  determining  the  reliability 
of  the  bid  shall  consider  the  ques¬ 
tion  of  responsibility  of  the  bidder 
an,,  his  ability  to  perform  his  con¬ 
tract  without  reference  to  the  re¬ 
sponsibility  of  sureties  on  his  bond, 
and  any  person  who  shall  have  de¬ 
faulted  in  any  contract  awarded  by 
the  City,  except  as  to  time,  or  who 
shall  have  refused  to  enter  into  a 
contract  after  the  same  shall  have 
been  awarded  him,  shall  not  be  con¬ 
sidered  a  reliable  and  responsible 
bidder.  In  case  the  lowest  responsi¬ 
ble  bid  shall  be  more  than  the  esti¬ 
mated  cost  of  the  commodities,  labor 
or  service,  the  Council  may  reject 
all  bids  or  abandon  the  proposed  im¬ 
provement  or  work,  or  it  may  re¬ 
quire  the  City  Clerk  to  advertise 
for  new'  bids  in  the  manner  herein¬ 
before  provided;  or  if  it  is  deemed 
by  the  Council  to 'be  to  the  best 
interest  of  the  City,  and  the  estimate 
of  the  City  Engineer  is  less  than  the 
lowest  bid,  the  Council  may  reject 
all  bids  offered,  and  authorize  the 
doing  of  such  w^ork  under  the  direc¬ 
tion  of  the  City  Engineer  without 
contract,  or  may  in  its  discretion, 
from  lack  of  quorum  or  any  other 
reasons,  postpone  the  consideration 
and  decision  of  the  whole  matter, 
or  any  branch  thereof  to  a  future 
definite  time,  of  which  postponement 
all  parties  interested  shall  be  re¬ 
quired  and  deemed  to  take  notice. 

All  contracts  shall  be  executed  by 
the  bidder  within  ten  days  after  the 
contract  is  ready  for  his  signature, 
and  if  not  executed  by  him  in  said 
time,  he  shall  be  deemed  to  have 
abandoned  the  same  unless  the  Coun¬ 
cil,  for  good  cause  shown,  extend  his 
time. 

In  case  the  Council  shall  determine 
that  any  commodities,  labor  or  serv¬ 
ice  are  to  be  procured  in  open  mar¬ 
ket,  the  same  shall  be  procured  by 
the  proper  officer  in  accordance  with 
such  general  directions  as  the  Coun¬ 
cil  may  give. 

281.  Contracts — Execution  Of. — 
After  the  acceptance  by  the  Council 
of  any  bid,  it  shall  direct  the  execu¬ 
tion  of  a  contract  on  behalf  of  the 
City  by  the  Mayor  and  attested  by 
the  City  Clerk,  in  accordance  with 
the  plans,  and  the  specifications. 

282.  Contract  Work — Time  of 
Completion — City  May  Complete. — 
If  in  the  opinion  of  the  Council  and 
the  City  Engineer,  any  work  under 


any  contract  authorized  by  this  char¬ 
ter  does  not  proceed  each  month  so 
as  to  insure  its  completion  within 
the  time  named  in  the  contract,  the 
City  Engineer  shall  have  power,  when 
authorized  by  the  Council,  to  furnish 
and  use  men  and  materials  to  com¬ 
plete  the  work,  and  charge  the  ex¬ 
pense  thereof  to  the  contractor,  and 
the  same  shall  be  deducted  from  any 
moneys  due  him  or  to  become  due 
such  contractor,  or  may  be  collected 
from  him  in  suit  by  the  City. 

283.  Contractor  Abandoning  Work 
— City  IVfay  Complete  or  Relet  Con¬ 
tract. — In  all  cases  when  any  work 
or  any  improvement  contemplated  by 
the  provisions  of  this  charter,  shall 
be  suspended  before  final  completion, 
or  the  contractor  shall  abandon  his 
wmrk  under  his  said  contract  or  shall 
fail  to  perform  the  same  for  any 
cause,  or  if  at  any  time  the  work  or 
any  part  thereof  is  unnecessarily  de¬ 
layed,  or  the  contractor  is  violating 
any  of  the  conditions  of  his  contract 
or  executing  any  of  the  same  in  bad 
faith,  then  at  the  option  of  the  Coun¬ 
cil,  the  contractor  may  be  excluded 
from  further  control  and  superinten¬ 
dence  of  the  work  required  by  his 
said  contract,  and  the  City  may  then 
assume  such  control  and  superinten¬ 
dence  and  proceed  to  complete  the 
work  or  improvement,  either  by 
authorizing  the  City  Engineer  to  pro¬ 
cure  and  furnish  all  necessary  labor 
and  material  'and  complete  same  by 
day  work,  or,  as  the  Council  may 
determine,  relet  the  unfinished  por¬ 
tion  of  such  work  or  improvement  in 
the  same  manner,  as  nearly  as  may 
be,  as  provided  for  the  letting  of 
contracts  in  the  first  instance  for 
such  improvements;  and  in  every  case 
of  such  new  contract,  the  work  shall 
be  carried  to  completion  and  shall 
be  paid  for  in  the  same  manner  as 
contracts  for  other  like  improve¬ 
ments,  and  any  and  all  damages  and 
increased  cost  of  the  work  to  the 
City,  including  both  labor  and  ma¬ 
terial,  shall  be  a  charge  against  the 
original  contractor  and  shall  be  de¬ 
ducted  from  any  moneys  remaining 
unpaid  him  or  to  become  due  such 
contractor,  and  the  balance,  if  any, 
may  be  collected  by  the  City  from 
him  and  his  sureties  as  provided  by 
law. 

284.  Contracts — Conditions  Of. — 
Any  contractor  or  person  who  accepts 
a  contract  authorized  by  this  char¬ 
ter,  shall  take  the  same  with  the 
condition  that  he  shall  be  personally 
i  and  directly  responsible  for  any  and 


all  loss,  damage  or  injury  which  may 
arise  or  in  any  way,  directly  or  in¬ 
directly,  be  suffered  by  the  City  by 
reason  of  any  occurrence  while  the 
work  is  going  on,  and  before  accept¬ 
ance  thereof  by  the  Council,  caused 
by  any  negligence  or  misconduct  on 
his  part  or  on  the  part  of  his  serv¬ 
ants  or  employes  in  doing  the  same; 
and  every  such  contractor  shall  guard 
all  such  work  by  suitable  guards  by 
day  and  with  red  lights  at  night,  so 
as  to  prevent  any  loss,  damage  or 
accident. 

285.  Contracts  —  Bonds. — Before 
any  contract  whatever  for  the  doing 
of  any  work  or  furnishing  any  skill 
or  material  contemplated  herein  to 
the  City  for  the  making  of  any  im¬ 
provement  herein  authorized  shall  be 
valid  for  any  purpose,  the  contractor 
therefor  shall  execute  a  bond  to  the 
City,  procured  from  a  regularly  ac¬ 
credited  surety  company  authorized 
to  do  business  under  the  laws  of 
Minnesota,  or  a  bond  with  two  or 
more  suihcient  sureties  to  be  ap¬ 
proved  by  the  Council,  in  such 
amount  as  the  Council  may  direct, 
not  less  than  the  contract  price 
agreed  to  be  paid  for  the  perform¬ 
ance  of  such  contract,  and  in  no 
event  less  than  Five  Hundred 
($500.00)  Dollars,  conditioned  as 
provided  by  the  General  Laws  of  the 
State  requiring  the  giving  of  bonds 
by  contractors  for  public  works  and 
improvements,  and  conditioned 
further,  that  such  contractor  shall 
indemnify  and  hold  harmless  the 
City  against  such  damage,  loss  or  in¬ 
jury  which  may  arise  in  any  way,  di¬ 
rectly  or  indirectly,  or  be  suffered  by 
the  City  by  reason  of  any  occurrence 
while  the  work  is  going  on  and  be¬ 
fore  acceptance  thereof  by  the  Coun¬ 
cil,  caused  by  any  negligence  or  mis¬ 
conduct  on  the  part  of  such  con¬ 
tractor,  his  servants  or  employes  in 
doing  the  same.  Such  bond  shall  in 
all  respects  be  executed  as  required 
by  such  General  Laws,  and  all  pro¬ 
visions  in  such  laws  contained,  shall 
be  applicable,  as  near  as  may  be,  to 
contracts  herein  authorized.  Every 
such  bond  shall  be  filed  with  the 
contract  in  the  office  of  the  City 
Clerk. 

286.  Reports  of  Officials. — It  shall 
be  the  duty  of  each  officer  to  report 
to  the  Council,  quarterly,  the  com¬ 
modities,  work  and  services  likely  to 
be  needed  for  the  operation  of  his 
department  dr  office,  for  the  ensuing 
quarter,  and  not  previously  con¬ 
tracted  for. 


2  87.  Emergencies. — In  case  of 
emergency,  and  when  delays  occa¬ 
sioned  by  carrying  out  the  provisions 
of  this  'article  would  cause  great 
damage  to  the  public  or  endanger 
the  public  safety,  the  Council  may  do 
such  work  as  it  may  deem  necessary 
by  day  labor  and  procure  materials 
therefor  in  the  open  market. 

288.  Final  Payments  Under  Con¬ 
tracts. — Before  any  contractor  or  his 
representative  shall  receive  payment 
on  a  final  estimate  on  any  contract, 
said  contractor  or  his  representative, 
shall  make  and  file  in  the  office  of 
the  City  Clerk  an  affidavit  that  all 
claims  for  materials  and  labor  to 
date  on  the  work  on  which  such 
payment  is  asked,  have  been  fully 
paid. 

2  89.  Official  Advertising  —  Pro¬ 
posals  For — Letting  Contract  For. — 
The  Council  shall  let  annually,  in  the 
month  of  January,  or  as  soon  there¬ 
after  as  practicable,  contracts  for 
the  official  advertising  for  the  ensuing 
fiscal  year.  For  this  purpose  the 
Council  shall  advertise  for  two  con¬ 
secutive  days,  and  ask  for  sealed 
proposals  therefor.  The  proposals 
shall  specify  the  type  and  spacing  to 
be  used.  The  Council  shall  let  the 
contract  for  such  official  advertising 
to  the  lowest  responsible  bidder  pub¬ 
lishing  a  newspaper  having  a  general 
circulation  in  the  City  which  is  a 
legal  newspaper  according  to  the 
laws  of  the  State,  provided,  the 
Council  may  reject  any  or  all  bids. 
If  the  Council  shall  deem  it  best  for 
the  interest  of  the  City  to  select  a 
newspaper  that  is  not  the  lowest 
bidder,  it  may  select  such  newspaper. 
The  newspaper  to  which  the  award 
is  made  shall  be  designated  as  the 
“Official  newspaper.”  The  successful 
bidder  shall  be  required  to  give  a 
bond  to  the  City  in  the  sum  of  Five 
Hundred  ($500.00)  Dollars  for  the 
faithful  performance  of  the  con¬ 
tract.  , 

2  90.  Contracts — Officials  Not  to 
Aid  Bidders — Accepting  Inferior  Ma¬ 
terial. — Any  officer  of  the  City,  who 
shall  aid  or  assist  any  bidder  in 
securing  a  contract  to  furnish  labor, 
material,  or  supplies  at  a  higher 
price  than  that  proposed  by  any 
other  bidder,  or  who  shall  favor  one 
bidder  over  another,  by  giving  or 
withholding  information  or  who  shall 
wilfully  mislead  any  bidder  in  regard 
to  the  character  of  the  material  or 
supplies  called  for  or  who  shall 
knowingly  accept  material  or  sup¬ 
plies  of  a  quality  inferior  to  those 


called  for  by  any  contract,  or  who 
shall  knowingly  certify  to  a  greater 
amount  of  labor  performed,  or  to 
the  receipt  of  a  greater  amount  or 
different  kind  of  material  or  supplies 
than  has  been  actually  received,  shall 
be  deemed  guilty  of  a  gross  mis¬ 
demeanor  and  shall  be  removed  from 
office, 

f?91.  Conspiring  Hetween  Bidders 
— Void  Contracts. — If,  at  any  time, 
it  is  found  that  the  person  to  whom 
a  contract  has  been  awarded  has,  in 
presenting  any  bid  or  bids,  conspired 
with  any  other  party  or  parties  for 
the  purpose  of  preventing  any  other 
competing  bids  being  made,  or  has 
entered  into  an  agreement  by  which 
he  made  a  higher  or  lower  bid  than 
some  other  person  for  the  purpose 
of  dividing  the  contract  profits  there¬ 
from  between  two  or  more  bidders, 
then,  the  contract  so  awarded  shall 
be  null  and  void,  and  the  Council 
shall  advertise  for  new  bids  for  said 
work,  or  provide  for  such  work  to 
be  done  in  the  manner  provided  by 
this  charter. 

292.  Violations  of  This  Article — 
A^oicl  Contracts — ^Recovery  of  Money 
Paid. — Any  contract  made  in  viola¬ 
tion  of  the  provisions  of  this  article 
shall  be  absolutely  void,  and  any 
money  paid  on  account  of  such  con¬ 
tract  by  the  City,  may  be  recovered 
by  the  City,  without  restitution  of 
the  property  or  the  benefits  received 
or  obtained  by  the  City  thereunder. 

ARTICLE  XIV. 

FRANCHISES 

293.  Franchise  Ordinances — 
Terms — M  a  x  i  in  u  in  Price- — To  Be 
Stated  In. — Every  ordinance  by  which 
the  Council  shall  propose  to  grant 
any  franchise  shall  contain  all  the 
terms  and  conditions  of  the  franchise 
to  be  granted,  and  it  shall  be  a 
feature  of  every  franchise  so  grant¬ 
ed,  that  the  maximum  price  for  the 
service  or  charge  shall  be  stated  in 
the  grant  thereof. 

29  4.  Franchise  Service — Control 
of  Maximum  Rate. — The  Council 
shall  have  the  power  to  regulate  and 
control  the  maximum  price  to  be 
charged  by  any  corporation  or  person 
exercising  any  franchise  for  the  serv¬ 
ice  rendered  by  it  to  the  City  and  to 
any  other  person  or  corporation,  but 
such  price  shall  be  fair  and  reason¬ 
able  to  such  public  service  corpora¬ 
tion,  or  person  and  to  the  public, 

29  7.  Franchises — ^Maximum  Time 
Limit  —  TAventy-Five  Years. — The 
maximum  length  of  time  for  which  a 
franchise  or  privilege  may  be  granted 


to  any  person,  firm  or  corporation 
shall  be  twenty-five  years. 

29 G.  Temimrary  License — Not  a 
Francliise. — Temporary  license  to  use 
the  streets,  parks  and  public  places 
of  the  City  for  a  period  not  exceed¬ 
ing  one  year  for  public  service  pur¬ 
poses  shall  not  be  considered  a  fran¬ 
chise  under  the  restrictions  of  this 
article. 

29  7.  Franchises  —  Renewals  or 
Amendments. — No  franchise  shall  be 
renewed,  amended  or  extended  except 
under  the  requirements  exacted  in 
case  of  a  new  franchise;  nor  shall  any 
franchise  be  renewed,  amended  or  ex¬ 
tended  until  within  one  year  before 
its  expiration. 

298.  Franchises — Condition.s  of. 
— In  addition  to  such  other  require- 
I  ments  as  the  Council  may  exact,  the 
I  following  conditions  shall  be  inserted 
,  in  and  be  a  part  of  every  franchise, 
iso  far  as  the  same  may  be  applicable, 

■  to-wit: 

I  (a)  Every  ordinance  granting  any 
j  franchise  or  privilege  shall  provide 
j  for  the  termination  and  forfeiture 
thereof  for  any  breach  or  failure  to 
comply  with  any  of  the  terms,  limita¬ 
tions,  or  conditions  thereof,  and  that 
in  all  such  cases,  the  Council  shall 
have  power  to  declare  the  termina¬ 
tion  and  forfeiture  of  any  such  fran¬ 
chise  or  privilege. 

(b)  Every  grantee  of  a  franchise 
or  assigns  thereof  shall  make  all  re¬ 
ports  and  furnish  all  information  re¬ 
quired  by  the  Council,  as  the  latter 
shall  determine,  from  time  to  time,  to 
enable  the  Council  to  determine  what 
rates  shall  be  charged  the  public  for 
service  rendered  by  virtue  of  and  un¬ 
der  the  same,  or  to  determine  as  to 
valuation  of  the  property  or  income 
of  said  grantee  for  purposes  of  taxa¬ 
tion,  and  in  default  thereof,  the  Coun¬ 
cil  may  declare  a  forfeiture  of  the 
franchise. 

(c)  No  franchise  shall  become  op¬ 
erative  unless  the  grantee  shall,  with¬ 
in  twenty  days  after  the  ordinance 
granting  it  shall  be  ratified  by  vote 
of  the  people,  file  in  the  office  of  the 
City  Clerk,  a  written  notice  accepting 
its  provisions  and  agreeing  that  the 
grantee  and  assigns  shall  hold  and 
exercise  the  same  under  all  the  con¬ 
ditions  of  this  charter  and  such  regu¬ 
lations  and  requirements  as  the  Coun¬ 
cil  may,  from  time  to  time,  lawfully 
exact. 

(d)  All  street  railway  franchises 
shall  ipso  facto,  impose  on  the  grantee 
or  assigns,  the  duty  to  sprinkle,  clean, 
keep  in  repair,  and  free  from  snow 


and  other  obstructions  and  to  pave 
and  repave  so  much  of  the  streets 
and  public  places  occupied  by  its 
tracks,  including  the  space  between 
the  rails  and  between  the  lines  of 
double  track  and  for  lone  (1)  foot 
additional  on  the  outside  of  each  rail 
thereof,  in  the  same  manner  in  which 
such  street  ds  sprinkled,  cleaned,  re¬ 
paired,  freed  from  snow  and  other 
obstructions,  paved  and  repaved  by 
the  City;  and  on  failure  so  to  do  the 
City  may  perform  such  labor  or  ser¬ 
vice  and  recover  the  cost  thereof  from 
such  grantee  or  its  assigns. 

(e)  Every  franchise  granted  for 
the  erection  of  poles  or  masts  on  or 
along  the  highways,  or  other  public 
places  of  the  City,  for  the  conduct 
of  electricity,  or  for  any  telegraph  or 
telephone  purpose,  shall  also  contain 
a  provision  that  the  upper  arm  of  all 
such  poles  or  masts  shall  be  for  the 
exclusive  use  of  the  City,  and  any 
franchise  granting  the  right  to  con¬ 
struct  conduits  in  or  under  such 
places  for  said  purposes,  shall  also 
contain  a  provision  reserving  a  defi¬ 
nite  and  reasonable  portion  thereof 
for  the  exclusive  use  of  the  City,  and 
that  the  Council  may  require  the 
placing  underground,  or  in  any  other 
safe  or  convenient  position,  of  wires 
carrying  electricity,  and  other  wires. 

(f)  Every  franchise  shall  reserve 
to  the  City  the  right  to  require  the 
grantee  or  its  assigns  to  elevate  or 
depress  its  railway  or  street  railway 
tracks,  at  the  expense  of  the  owner 
of  the  franchise,  and  to  require  rea¬ 
sonable  extension  of  any  public  ser¬ 
vice  system,  and  to  make  such  rules 
and  regulations  as  may  be  deemed 
necessary  to  secure  adequate  and 
j)roper  service  and  provide  sufficient 
accomodations  for  the  public. 

(g)  No  grantee  of  any  franchise 
shall  include  in  its  estimate  of  the 
value  of  its  property  devoted  to  public 
use  as  a  basis  for  fixing  its  charges 
for  public  service,  either  any  sum  as 
capitalization  of  its  franchise  or  any 
unearned  increment. 

(h)  It  shall  be  a  condition  of  ev¬ 
ery  franchise  that  in  any  proceed¬ 
ings  for  the  condemnation  of  the 
property  or  public  utility  of  the  gran¬ 
tee  or  assigns  by 'the  City  for  public 
use  the  compensation  to  be  paid 
shall  not  include  any  value  for  the 
franchise,  or  for  any  unearned  in¬ 
crement. 

(i)  No  incumbrance  upon  the 
property  of  a  grantee  of  franchise 
from  the  City  shall  extend  to  the 
franchise  right. 


(j)  No  sale  or  lease  of  rights 
granted  by  any  franchise  shall  be 
operative  until  the  same  is  approved 
by  the  Council. 

(k)  Every  franchise  shall  pro¬ 
vide  that  it  and  all  things  constructed 
thereunder  or  used  in  connection 
therewith,  except  rolling-stock,  shall 
be  subject  to  common  use  by  the 
grantee  or  assignee  of  any  other 
franchise,  whenever  there  shall  be 
necessity  therefor,  upon  payment  or 
tender  of  compensation  for  such  use. 

The  question  of  common  use,  nec¬ 
essity,  compensation  and  all  other 
questions  relating  thereto,  shall  be 
judicial  questions,  but  no  judicial 
proceeding  shall  suspend  or  postpone 
such  use  if  the  person  or  corporation 
desiring  such  common  use  shall  de¬ 
posit  in  the  court  such  sum  as  the 
Court,  in  a  preliminary  hearing,  may 
determine. 

299.  Franchises — ^Right  of  Coun¬ 
cil  to  Insert  Conditions. — The  enum¬ 
eration  and  specification  of  particular 
matters  in  this  charter  which  must 
be  included  in  every  franchise,  grant, 
renewal  or  extension  of  any  franchise 
or  grant,  shall  not  be  construed  to 
impair  the  right  of  the  Council  to 
insert  in  the  same  such  other  and 
further  provisions,  conditions  and  re¬ 
strictions,  as  the  Council  shall  deem 
proper  to  protect  the  interests  of  the 
City. 

300.  Orders  of  Council — Testing 
In  Court. — ^When  any  person  or  cor¬ 
poration  against  whom  any  order  of 
the  Council  is  directed  under  the  p^ro- 
visions  of  this  article  shall  believe 
such  order  to  be  unjust  and  unrea¬ 
sonable,  he  or  it  may  test  its  justice 
or  reasonableness  by  proper  action  in 
the  courts,  commenced  within  thirty 
days  after  the  service  of  such  order, 
and  in  such  action  such  order  shall 
be  entered  in  the  premises  as  shall 
be  warranted  by  the  facts  developed 
upon  the  trial  and  the  law  applicable 
thereto,  and  if  not  so  tested,  such 
right  to  question  the  action  of  the 
Council  or  test  its  right  in  the  prem¬ 
ises  shall  terminate. 

301.  Franchises  —  Approval  by 
Voters. — No  ordinance  granting,  re¬ 
newing,  amending  or  extending  any 
franchise  passed  by  the  Council  shall 
become  operative  unless  it  be  sub¬ 
mitted  to  the  voters  of  the  City,  and 
be  approved  by  a  majority  of  the 
qualified  electors  voting  on  the  same. 

302.  Ordinance  for  Franchise — 
Publication  Prior  To  Voting  On. — 
The  Council  shall  provide  for  the 
publication  in  full  at  least  once  in 


the  oflicial  paper  of  the  City  of  the 
full  text  of  any  ordinance  submitted 
under  this  article  to  the  voters  of  the 
City  for  approval  or  rejection.  Such 
publication  shall  take  place  not  less 
tban  ten  days  nor  more  than  twenty 
days  before  the  date  of  said  election. 
When  any  such  ordinance  is  to  be  so 
submitted  at  any  special  or  general 
election,  the  notices  of  said  election 
shall  so  state  and  shall  designate 
said  ordinance  by  number  and  title, 
and  shall  set  forth  syllabi  of  said 
ordinances  prepared  by  the  City  At¬ 
torney, 

303.  Voters  Not  Approving  of 
Ordinance — No  Ke-Enactment  For 
One  Yenr. — No  ordinance  submitted 
to  popular  vote  hereunder  that  is  not 
approved  by  a  majority  of  the  quali¬ 
fied  electors  voting  thereon,  shall  be 
of  any  effect  whatever;  and  the  same 
shall  not  be  re-enacted  by  the  Coun¬ 
cil  within  one  year  from  the  date  of 
the  election  at  which  it  was  disap¬ 
proved. 

304.  Ballots  for  Voting  On  Ordi¬ 
nance. — The  ballots  used  in  voting 
upon  any  ordinance  as  provided  for  in 
this  article  shall  set  forth  in  full  the 
title  thereof  and  state  briefly  the  gen¬ 
eral  nature  thereof,  and  thereafter  in 
larger  type  contain  the  words,  “For 
the  ordinance,”  and  “Against  the  or¬ 
dinance,”  and  shall  contain  a  square 
opposite  each  of  the  aforesaid  phrases 
in  quotations  so  that  the  elector  by 
a  cross  in  the  square  may  indicate 
whether  he  is  for  or  against  the  ordi¬ 
nance. 

305.  Results  of  Election — Coun¬ 
cil  to  Canvass  Returns. — The  result 
of  any  election  in  this  article  pro¬ 
vided  for  shall  be  determined  by  a 
canvass  made  by  the  Council,  and  by 
it  declared  in  a  resolution  to  be  rec- 
corded  and  published  in  one  issue  of 
the  official  paper  of  the  City;  and 
when  so  published  the  said  ordinance 
shall  be  in  force  if  approved  by  the 
electors,  and  accepted  by  the  grantee, 
as  provided  herein,  but  not  other¬ 
wise. 

306.  Pi*anchise  Ordinances — City 
Attorney  To  Prepare  Summaries  or 
Syllabi  Of. — On  request  of  the  City 
Clerk,  the  City  Attorney  shall  pre¬ 
pare  forthwith  or  cause  to  be  pre¬ 
pared  summaries,  or  syllabi  of  all 
franchise  ordinances  where  summar¬ 
ies  are  required  in  carrying  out  the 
provisions  of  this  article. 

307.  Francbise— Further  Regula¬ 
tions  I?y  Council. — The  Council  shall 
by  resolution  make  such  further  reg¬ 
ulations  as  may  be  convenient  or  nec¬ 


essary  to  fully  carry  out  the  various 
provisions  of  this  article. 

ARTlCIiE  XV. 

I*EATS,  STREETS  AND  HIGHWAYS 
AND  THE  VACATION  THEREOF 

308.  P  1  a  1 1  i  11  g  of  Band — Ihma- 
tions. — Plats  of  land  shall  be  made 
in  accordance  with  the  provisions  of 
this  article,  and  when  so  made  and 
recorded,  every  donation  to  the  pub¬ 
lic,  or  any  person  or  corporation 
noted  thereon  shall  operate  to  con¬ 
vey  the  fee  of  all  land  so  donated  for 
the  use  and  purposes  named  or  in¬ 
tended,  with  the  same  effect,  upon  the 
donor  and  his  heirs,  and  in  favor  of 
the  donee,  as  though  such  land  were 
conveyed  by  Warranty  Deed.  Land 
donated  for  any  public  use  in  the 
City  shall  be  held  in  the  name  of  the 
City  in  trust  for  the  purposes  set 
forth  or  intended. 

309.  Plats — Uniformity — Size  Of. 
— ^All  original  plats  shall  be  drawn  on 
good  and  substantial  muslin-backed 
paper,  and  be  accompanied  by  three 
tracings  of  said  original  plat,  each 
of  said  tracings  to  be  made  on  trac¬ 
ing  vellum.  Every  original  plat  and 
the  said  three  tracings  shall  be  of  a 
uniform  size  of  twenty-five  inches  in 
width,  and  thirty-five  inches  in 
length. 

310.  Survey  and  P  1  a  t — Monu¬ 
ments. — The  land  shall  be  surveyed 
and  a  plat  made  setting  forth  and 
naming  all  thoroughfares,  streets,  al¬ 
leys,  lanes  and  public  grounds.  All 
principal  and  important  streets  and 
avenues  shall  be  at  least  sixty  feet 
in  width,  and  all  alleys  or  lanes  shall 
be  at  least  sixteen  feet  in  width,  and 
shall  be  surveyed  and  platted  to  join 
and  conform  to  the  thoroughfares, 
streets,  alleys,  lanes,  or  other  public 
grounds  in  the  older  or  accepted  ad¬ 
ditions,  and  each  plat  of  any  pro¬ 
posed  new  addition  shall  show  enough 
of  the  adjoining  additions,  if  any 
there  be,  to  indicate  that  the  said 
proposed  new  addition  joins  and  con¬ 
forms  to  the  foregoing  requirements 
as  to  thoroughfares,  etc.  At  each 
corner  of  each  and  every  lot,  in  each 
proposed  new  addition,  a  substantial 
stake  shall  be  set,  and  an  iron  or 
stone  monument  with  a  proper  cross- 
mark  shall  be  set  at  each  corner  of 
said  addition  where  it  is  possible  to 
do  so,  in  such  way  that  the  lines  be¬ 
tween  said  monuments  form  two  or 
more  base  lines  from  which  to  make 
public  survey.  The  monuments  and 
the  angles  between  the  base  line  shall 
be  shown  on  the  plat,  as  well  as  the 
North  and  South  line.  All  rivers. 


streams,  creeks,  lakes,  ponds, 
swamps,  and  all  public  highways, 
streets,  lanes,  alleys,  or  public 
grounds,  laid  out,  opened  or  travel¬ 
ed — existing  before  the  platting — 
shall  be  correctly  and  plainly  shown 
and  designated  on  each  plat. 

311.  Dedication — Certification — 
Verification. — On  the  plat  shall  be 
written  an  instrument  of  dedication, 
which  shall  be  signed  and  acknow¬ 
ledged  by  the  owner  of  the  land.  Said 
instrument  shall  contain  a  full  jind 
accurate  description  of  the  land 
platted,  and  shall  set  forth  what  part 
or  parts  of  said  land  are  dedicated, 
and  also  to  whom,  and  for  what  pur¬ 
pose  said  part  or  parts  are  dedicated. 
The  surveyor  shall  certify  on  the  plat 
that  the  plat  is  a  correct  representa¬ 
tion  of  the  survey,  and  that  all  dis¬ 
tances  are  correctly  shown  on  the 
plat,  that  the  monuments  for  guid¬ 
ance  of  future  surveys  have  been  cor¬ 
rectly  placed  in  the  ground  as  shown, 
that  the  outside  boundary  lines  are 
correctly  designated  on  the  plat,  and 
that  the  topography  of  the  land  is 
correctly  shown  on  the  plat.  If  there 
are  no  wet  lands  or  public  highways 
to  be  designated  in  accordance  with 
the  preceding  section  of  this  article, 
he  shall  so  state.  The  certificates 
shall  be  sworn  to  before  any  officer 
authorized  by  the  State  Laws  to  ad 
minister  an  oath. 

312.  Plats^ — Acceptance  By  Coun¬ 
cil. — All  plats  shall  be  presented  to 
the  Council  for  acceptance  and 
approval,  together  with  an  abstract 
and  certificate  of  title.  The  Coun¬ 
cil  may  accept  or  reject  said 
plats  or  direct  them  to  be 
changed  or  modified  in  such 
manner  as  it  shall  deem  expedient. 
No  plat  shall  be  accepted  by  the 
Council,  unless  same  is  presented 
with  the  said  three  tracings.  If  the 
Council  has  any  reason  to  doubt  the 
accuracy  of  the  plat,  it  may,  after 
having  notified  the  proprietor  to  that 
effect,  employ  a  competent  surveyor 
to  check  and  verify  the  surveys  and 
plat,  and  the  surveyor  shall  make  a 
full  report  of  his  findings.  If  the 
survey  or  plat  is  found  incorrect,  the 
expense  of  verifying  the  same  shall 
be  paid  by  the  proprietor,  but  if  the 
survey  and  plat  is  found  correct,  then 
this  expense  shall  be  paid  by  the  City. 
Whenever  any  plat  is  accepted  and 
approved  by  the  Council,  the  City 
Clerk  shall  so  certify  on  the  original 
plat,  and  also  shall  certify  each  of 
said  three  tracings  to  be  a  true  copy 
of  the  original  plat  accepted  and  ap¬ 


proved  by  the  Council. 

313.  Recording’,  Etc. — Every  or¬ 
iginal  plat,  and  one  of  said  tracings, 
when  duly  certified,  signed  and  ac¬ 
knowledge  as  provided  in  this  article 
shall  be  recorded  in  the  office  of  the 
Register  of  Deeds  of  Washington 
County,  and  likewise  one  of  said 
tracings  shall  be  filed  in  the  office  of 
the  County  Auditor  of  Washington 
County,  and  likewise  one  of  said  trac¬ 
ings  shall  be  filed  in  the  office  of  the 
City  Engineer,  and  all  fees  in  con¬ 
nection  with  said  recording  and  filing 
shall  be  paid  by  the  proprietor. 

314.  Disposal  of  Land— Pending 
Platting- — Penalty. — ^Any  person  who 
shall  dispose  of,  lease,  or  offer  to 
sell  any  land  included  in  a  plat  be¬ 
fore  the  same  is  recorded,  and  filed 
as  provided  herein,  shall  forfeit  to 
the  City,  Twenty-five  Dollars  for  each 
lot  or  part  of  a  lot  so  disposed  of, 
leased  or  offered.  All  forfeitures  un¬ 
der  this  section  shall  be  recovered  in 
the  name  of  the  City.  No  person  shall 
be  entitled  to  any  damage  for  the 
laying  out  or  extension  of  any  street, 
avenue  or  alley  over  any  lot  or  par¬ 
cel,  sold  or  offered  for  sale  contrary 
to  the  provision  of  this  section  or 
contrary  to  the  State  Laws. 

315.  Effect  of  Accepting  Plats. — 
The  acceptance  of  any  plat  or  addi- 

:  tion  of  ground  within  the  City  limits 
shall  not  make  the  City  liable  to 
grade  the  streets  therein  designated, 
or  responsible  for  any  insufficiency  of 
such  streets,  until  the  Council  shall 
direct  the  same  to  be  graded  and 
opened  for  travel. 

316.  Vacation  of  Streets,  High¬ 
ways,  Etc. — Change  of. — To  vacate 
or  discontinue  public  grounds,  streets, 
alleys,  or  highways,  or  to  alter, 
change  or  modify  the  same  wuthin  the 
City,  a  petition  signed  by  the  owmers 
of  more  than  one-half  of  the  property 
on  the  line  of  such  public  grounds, 
streets,  alleys  or  highways,  shall  be 
presented  to  the  Council.  Each  pe¬ 
tition  shall  set  forth  the  reasons  and 
facts  for  such  vacation  or  discon¬ 
tinuance,  and  be  verifiea  by  the  oath 
of  one  petitioner,  and  each  petition 
shall  be  accompanied  by  a  plat  of 
such  public  grounds,  streets,  alleys 
or  highways,  proposed  to  be  vacated 
or  discontinued,  altered,  changed  or 
modified. 

317.  Vacating — Procedure. — The 
Council,  upon  deeming  it  expedient 
that  the  matter  shall  be  proceeded 
with,  shall  order  the  petition  to  be 
filed  in  the  office  of  the  City  Clerk, 
and  the  City  Clerk  shall  give  notice  by 


publication  in  the  official  paper  of  the 
City  for  four  successive  weeks  to  the 
effect  that  such  petition  has  been 
tiled  as  aforesaid  and  stating  concise¬ 
ly  its  object,  and  that  said  petition 
will  be  heard  and  considered  by  the 
(.  Duncil  on  a  certain  day  and  place 
therein  specified,  not  less  than  ten 
days  after  the  last  publication  of 
said  notice.  The  Council,  at  the  time 
and  place  appointed,  shall  investigate 
and  consider  the  matter  and  shall 
hear  the  testimony  and  evidence  on 
the  part  of  the  parties  interested,  and 
thereafter  by  a  resolution  passed  by 
vote  of  all  the  members,  the  Council 
may  declare  such  public  grounds, 
streets,  alleys  or  highways  altered, 
changed  or  modified,  or  vacated  abso¬ 
lutely,  or  with  such  modifications  and 
restrictions  as  it  shall  deem  necessaTy 
to  protect  all  parties  interested.  Be¬ 
fore  the  same  shall  go  into  effect 
such  resolution  shall  be  published  as 
in  the  case  of  ordinances  and  a  trans¬ 
cript  of  such  resolution,  and  a  dupli¬ 
cate  of  said  plat  duly  certified  by  the 
City  Clerk,  shall  before  the  same  is 
valid,  be  filed  for  record  and  recorded 
in  the  office  of  the  Register  of  Deeds 
of  Washington  County.  No  vacation 
of  any  streets,  alley  or  public  grounds 
in  the  City  shall  hereafter  be  allowed 
except  upon  such  terms  and  condi¬ 
tions  as  to  the  compensation,  if  any, 
to  be  paid  by  the  persons  seeking 
such  vacation  or  otherwise  as  shall 
be  specified  in  the  resolution  order¬ 
ing  such  vacation,  nor  shall  the  Coun¬ 
cil  order  any  vacation  without  ade¬ 
quate  compensation  to  the  City. 

318.  Public  Lands — Dedication  of 
Its  Equivalent. — In  case  the  plat  em¬ 
bracing  the  premises  proposed  to  be 
vacated  dedicates  to  the  public  use, 
in  the  opinion  of  the  Council,  land 
equivalent  in  area  and  value  to  the 
premises  sought  to  be  vacated,  then 
said  Council  may  by  a  majority  vote 
of  all  members  accept  said  plat  and 
pass  a  resolution  of  vacation  and.  af¬ 
ter  said  plat  and  said  resolution  have 
been  recorded  in  said  Register’s  of¬ 
fice,  said  vacation  shall  be  valid  with¬ 
out  the  payment  of  money  into  the 
City  treasury. 

319.  A^acation  of  Roads — County 
— Territorial — State. — The  procedure 
for  the  vacation  and  discontinuance 
of  county,  territorial  and  state  roads, 
within  the  City  limits,  shall  be  the 
same  as  provided  in  the  foregoing 
sections  of  this  article,  except  that 
the  owners  shall  provide  another  road 
properly  dedicated,  acceptable  to  the 
Council  and  deemed  by  it  suitable 


for  public  purposes,  to  be  used  in 
lieu  of  the  proposed  vacated  road,  of 
which  fact  the  acceptance  of  the  plat, 
and  the  resolution  of  vacation  shall 
be  conclusive  evidence  when  recorded 
in  the  office  of  the  Register  of  Deeds 
of  Washington  County. 

ARTICLE  XVl. 

APPEALS 

32  0.  Owner  May  Appeal. — Any 
owner  whose  property  is  proposed  to 
be  taken,  destroyed  or  damaged  by 
proceedings  in  condemnation  may  ap¬ 
peal  to  the  District  Court  of  Wash¬ 
ington  County  and  there  review  any 
action  of  the  Council  or  Commission¬ 
ers  appointed  in  such  proceedings, 
for  any  reason,  or  on  any  ground  that 
could  have  been  urged  before  the 
Council  at  any  stage  of  such  proceed¬ 
ings. 

Any  owner  of  property  assessed  for 
local  improvements  under  this  char¬ 
ter  may  likewise  appeal  to  said  Court 
and  there  review  such  proceedings, 
so  far  as  they  affect  the  property  in 
which  he  may  be  interested,  as  to  any 
matters  involved  in  the  action  of  the 
Council  on  which  such  proceedings 
are  based. 

321.  Aj^peals — Notice  of — Bond — 
Copy  of  Proceedings — Piling. — Ap¬ 
peals  shall  be  taken  by  notice  filed  in 
the  office  of  the  City  Clerk  within 
ten  days  after  final  confirmation  by 
the  Council  of  the  award  of  Commis¬ 
sioners  in  condemnation  proceed¬ 
ings,  and  within  ten  days  after  con¬ 
firmation  by  the  Council  of  any  as¬ 
sessment  for  local  improvements;  and 
such  notice  of  appeal  shall  specify 
the  grounds  on  which  the  same  is 
taken,  and  contain  a  description  of 
the  property  as  to  which  such  appeal 
is  taken,  and  be  accompanied  with  a 
bond  to  the  City  executed  by  the  ap¬ 
pellant,  or  by  some  one  in  his  behalf, 
with  two  sureties  to  be  approved  by 
the  City  Clerk  or  Mayor,  in  the  penal 
sum  of  One  Hundred  Dollars 
($100.00)  and  conditioned  to  pay  the 
City  all  costs  and  disbursements  that 
may  be  awarded  against  appellant 
on  such  appeal.  Thereupon  said  City 
Clerk  shall  immediately  notify  the 
City  Attorney  thereof  and  shall  make 
out  and  file  in  the  office  of  the  Clerk 
of  the  District  Court  a  copy  of  so 
much  of  the  proceedings  appealed 
from  as  shall  be  necessary  to  enable 
the  Court  to  fully  determine  all  ques¬ 
tions  raised  by  such  appeal,  which 
copy  shall  be  so  filed  within  ten  days 
from  the  perfecting  of  the  appeal, 
and  the  appellate  court  may  order 
such  further  return  to  be  made  by 


the  City  Clerk  on  said  appeal  as  may 
be  required  for  a  full  and  fair  deter¬ 
mination  of  said  appeal. 

If  more  than  one  appeal  is  taken 
in  one  proceeding  the  return  in  all 
except  one  need  not  contain  any  copy 
of  proceedings  other  than  such  as 
shows  the  property  or  other  matters 
special  to  such  separate  appeal,  unless 
the  court  shall  otherwise  direct. 

322.  Appeals  —  Court  Procedure 
— ^Appointment  of  Commissioners — 
Award  of. — There* shall  be  no  plead¬ 
ing  on  such  appeal  b\!tt  the  Court  shall 
determine  in  the  first  instance  wheth¬ 
er  there  was,  in  the  proceedings,  any 
such  irregularity  or  omission  of  duty 
prejudicial  to  the  appellant  and  speci¬ 
fied  in  his  said  written  objections, 
that  as  to  him  the  award  or  assess¬ 
ment  of  the  Commissioners  ought  not 
to  stand,  and  whether  said  Commis¬ 
sioners  had  jurisdiction  to  take  action 
in  the  premises.  The  case  may  be 
brought  on  for  hearing  on  eight 
days’  notice,  at  any  general  or  special 
term  of  the  court,  and  shall  have  pre¬ 
cedence  of  other  civil  cases,  and  the 
judgment  of  the  court  shall  be  either 
to  confirm  or  annul  the  proceedings 
in  so  far  only  as  the  same  affect  the 
property  of  the  appellant  proposed 
to  be  taken,  damaged  or  assessed 
for  benefits,  and  described  in  said 
written  objection.  In  case  the 
amount  of  damages  awarded  or 
assessment  made  for  benefits  is  com¬ 
plained  of  by  such  appellant,  the 
court  shall,  if  the  proceedings  shall 
be  confirmed  in  other  respects,  upon 
such  confirmation,  appoint  three  dis¬ 
interested  freeholders,  residents  of 
the  City,  commissioners  to  re-ap- 
praise  such  damages  or  benefits.  The 
parties  to  such  appeal  shall  be  heard 
by  said  court  upon  the  appointment  of 
such  commissioners,  and  the  court 
shall  fix  the  time  and  place  of  the 
meeting  of  such  commissioners.  They 
shall  be  sworn  to  the  faithful  dis¬ 
charge  of  their  duties  as  such  com¬ 
missioners,  and  shall  proceed  to  view 
the  premises  and  to  hear  the  parties 
interested,  with  their  allegations  and 
proofs,  pertinent  to  the  question  of 
the  amount  of  such  damages  or  as¬ 
sessments.  Such  commissioners  shall 
be  governed  by  the  same  provisions 
in  respect  to  the  method  of  arriving 
at  the  amount  of  damages,  and  the 
offset  thereto,  of  benefits  to  other 
property  of  the  same  owners,  and  in 
all  other  material  respects,  as  are  in 
this  charter  made  for  the  govern¬ 
ment  of  commissioners  appointed  by 
the  council.  They  shall,  after  such 


hearing  and  viewing  of  the  premises, 
make  report  to  the  said  court  of 
their  appraisal  of  damages  or  assess¬ 
ment  of  benefits  in  respect  to  such 
appellant.  The  award  or  assess¬ 
ment  of  such  commissioners  shall  be 
final  unless  set  aside  by  the  court  for 
good  cause  shown.  In  case  such  re¬ 
port  is  set  aside,  the  court  may,  in 
its  discretion,  recommit  the  same  to 
the  commissioners,  or  appoint  new 
commissioners,  as  it  shall  deem  best: 
Said  Court  shall  allow  a  reasonable 
compensation  to  such  commissioners 
for  their  services,  and  make  such 
award  of  costs  on  such  appeal,  in¬ 
cluding  the  compensation  of  such 
commissioners,  as  it  shall  deem  just 
in  the  premises.  In  case  the  court 
shall  be  of  opinion  that  such  appeal 
was  frivolous  or  vexatious,  it  may  ad¬ 
judge  double  costs  against  spch  ap¬ 
pellant.  But  the  Council  shall  have 
the  right,  at  any  time  within  ten 
days  after  notice  of  such  award,  to 
abandon  the  proceedings  for  such 
improvement,  if  it  shall  consider  the 
public  good  to  require  such  abandon¬ 
ment.  Such  'commissioners  shall  per¬ 
fect  and  complete  their  award  and 
make  the  same  to  the  court  with  all 
convenient  speed,  and  vacancies  oc¬ 
curring  among  the  commissioners 
shall  be  filled  by  the  court  or  judge 
thereof. 

323.  Accounts  or  Demands  Against 
City — Appeals  Prom  Action  of  Conn-. 

cil. — ^Appeal  may  be  taken  from  the 
action  of  the  Council  in  allowing  or 
disallowing  in  whole  or  in  part  any 
claim  or  demand  against  the  City 
required  to  be  presented  and  verified 
as  provided  in  this  charter,  and  the 
same  shall  be  taken  by  filing  a  writ¬ 
ten  notice  of  such  appeal  in  the  of¬ 
fice  of  the  City  Clerk  within  ten 
days  after  the  allowance  or  disal¬ 
lowance  of  said  claim  or  demand  by 
the  Council  from  which  appeal  is 
taken,  and  by  giving  security  for 
costs  and  disbursements  to  be  ap¬ 
proved  by  the  City  Clerk  or  Mayor; 
and  upon  such  notice  being  served 
upon  him,  the  City  Clerk  shall  im¬ 
mediately  notify  the  City  Attorney 
thereof;  and  thereafter  no  order  shall 
issue  In  payment  of  a  claim  or  de¬ 
mand  or  any  part  thereof  from  which 
such  appeal  is  taken  until  a  certified 
copy  of  the  judgment  of  the  court 
shall  be  filed  in  the  office  of  the  City 
Clerk.  The  City  Attorney  shall,  upon 
the  request  of  five  tax  payers  of  the 
City,  if  the  amount  exceeds  $25.00, 
appeal  in  behalf  of  the  City  from  such 
action  of  the  Council  to  the  District 


Court  of  Washington  County  by  filing 
a  notice  of  appeal  in  the  office  of  the 
City  Clerk  within  ten  days  after  the 
date  of  the  action  of  the  Council  ap¬ 
pealed  from,  and  thereafter  no  order 
shall  be  issued  in  payment  of  any 
part  of  such  claim  until  a  certified 
copy  of  the  judgment  of  the  District 
Court  shall  be  filed  in  the  office  of 
the  City  Clerk.  Upon  the  filing  of 
such  notice  of  appeal,  the  District 
Court  shall  acquire  jurisdiction  of  the 
parties  and  the  subject  matter,  and 
may  compel  a  return  to  be  made  as  in 
the  case  of  an  appeal  from  a  judg¬ 
ment  of  the  Municipal  Court  of  the 
City. 

324.  Proceedings  on  Appeal. — 
Within  ten  days  after  an  appeal  has 
been  taken,  the  City  Clerk  shall  file 
in  the  office  of  the  Clerk  of  the  Dis¬ 
trict  Court  a  certified  copy  of  the 
claim  or  demand  and  a  transcript  of 
the  record  of  the  action  of  the  Coun¬ 
cil  thereon  together  with  a  copy  of 
the  notice  of  appeal  and  the  date  of 
the  filing  thereof  in  the  office  of  the 
City  Clerk.  The  appeal  shall  be  put 
upon  the  calendar  of  the  District 
Court  for  trial  as  an  issue  of  fact  at 
the  next  general  term  of  the  District 
Court,  unless  both  parties  shall  stip¬ 
ulate  that  the  same  may  be  placed 
upon  some  special  term  calendar  of 
said  court  and  tried  by  the  court 
without  a  jury;  and  on  or  before  the 
second  day  of  such  term,  the  court 
shall  direct  pleadings  to  be  made  up 
as  in  civil  actions  and  all  questions 
of  law  summarily  heard  and  deter¬ 
mined.  Issues  of  fact  shall  be  tried 
and  judgment  rendered  and  prose¬ 
cuted  as  in  civil  actions  but  no  exe¬ 
cution  shall  issue  thereon,  except  for 
the  collection  of  a  counter  claim  or 
costs  and  disbursements  in  case  of  a 
judgment  against  the  claimant. 

325.  Apijeal  To  Supi’eme  Court — 
Counter  Claim. — Appeal  from  the 
judgment  of  the  District  Court  may 
be  taken  to  the  Supreme  Court  as  in 
civil  actions.  If  no  appeal  is  taken 
to  the  Supreme  Court,  a  certified  copy 
of  the  judgment  shall  be  filed  in  the 
office  of  the  City  Clerk,  and  if  an  ap¬ 
peal  is  taken  to  the  Supreme  Court, 
and  the  judgment  appealed  from  is 
affirmed,  modified,  or  reversed,  the 
final  judgment  of  the  District  Court 
shall  be  certified  to  the  City  Clerk, 
and  if  said  judgment  shall  determine 
any  sum  to  be  due  from  the  City  to 
the  claimant,  an  order  shall  be  drawn 
on  the  City  Treasurer  in  payment 
therefor  in  favor  of  the  claimant  or 
his  assigns.  If  the  final  judgment  in 


the  District  Court  shall  determine 
anything  to  be  due  from  the  claimant 
to  the  City,  execution  therefor  in¬ 
cluding  costs  and  disbursements  shall 
issue  out  of  the  office  of  the  Clerk  of 
the  District  Court  for  the  collection 
thereof  against  said  claimant;  Pro¬ 
vided,  where  costs  are  allowed, 
against  claimant  and  there  is  any 
allowance  on  the  claim  in  his  favor 
the  amount  of  such  costs  shall  be  de¬ 
ducted  from  such  allowance;  and  in 
any  case  of  an  appeal  to  the  District 
Court,  the  City  may  interpose,  as  a 
counter  claim,  any  demands  which  it 
has  against  such  claimant,  and  have 
execution  for  the  collection  of  any 
judgment  rendered  in  its  favor. 

ARTICLE  XVII. 

STILLWATER  CITY  SCHOOL  DIS-^ 

TRICT 

326.  Continuance  Of. — All  the 
provisions  of  that  certain  act  of  the 
legislature  of  the  State  of  Minnesota 
entitled,  “An  act  to  amend  an  act 
entitled  ‘An  Act  for  the  establish¬ 
ment  and  better  regulation  of  the 
common  schools  in  the  City  of  Still¬ 
water;  approved  February  twenty- 
eighth,  (28)  one  thousand  eight  hun¬ 
dred  and  sixty-three,  (1863)  and  the 
several  acts  amendatory  thereof,” 
approved  February  14th,  1887,  being 
Chapter  82  of  the  Special  Laws  of 
Minnesota  for  1887,  and  all  acts 
amendatory  thereof  and  supplement¬ 
ary  thereto,  so  far  as  applicable  to 
the  School  District  of  the  City,  are 
hereby  continued  in  force  and  made 
a  part  of  this  charter,  except  in  so 
far  as  such  provisions  are  inconsis¬ 
tent  with  the  express  provisions  of 
this  charter. 

32  7.  School  District. — The  City 
of  Stillwater  is  hereby  declared  to 
be  a  school  district  and  a  body  cor¬ 
porate  by  name  Stillwater  City  School 
District,  and  by  such  name  may  con¬ 
tract  and  be  contracted  with,  sue 
and  be  sued  in  any  court  having  com¬ 
petent  jurisdiction,  and  by  the  name 
Stillwater  City  School  District  shall 
hold  the  title  of  all  lands  and  other 
property  now  held  or.  which  may 
hereafter  be  acquired  for  school  dis¬ 
trict  purposes  in  such  district.  Said 
school  district  may  also  convey  or 
sell  any  real  estate  belonging  to,  or 
held,  or  which  may  be  hereafter 
acquired  by  said  district.  Said 
school  district  may  receive  by  gift, 
grant,  devise,  bequest,  or  otherwise, 
any  real  or  personal  property;  and 
use,  sell,  convey,  control,  and  enjoy 
the  same  and  make  any  and  all  con¬ 
tracts  proper  and  necessary  relating 


to  the  same. 

3  2  8.  Board  of  Education. — The 
property  and  affairs  of  said  school 
district  shall  be  managed  by  a  Board 
of  Education  consisting  of  five  di¬ 
rectors,  who  shall  be  styled  “School 
Directors,”  and  who  shall  be  elected 
at  large  in  the  Cdty,  and  who  shall 
be  residents  and  voters  thereof.  Said 
directors  shall  be  elected  in  the  same 
manner  and  at  the  same  time  as  pro¬ 
vided  in  this  charter  for  the  election 
of  the  City  Councilmen,  by  male 
and  female  voters  possessing  the 
requisite  qualifications  now  or  here¬ 
after  specified  in  the  stale  constitu¬ 
tion  and  laws.  At  the  first  election 
two  of  said  director's  shall  be  elected 
for  the  short  term,  and  three  for  the 
long  term,  as  provided  in  Article  III 
herein,  and  thereafter  at  the  expir- 
a^tion  of  their  respective  terms  of 
office,  their  successors  shall  be  elect¬ 
ed  for  a  period  of  four  years  each. 

329.  Powers  of  the  Board  of 
Education. — The  Board  of  Education 
shall  have  full  power  and  authority, 
and  it  shall  be  its  duty  to  purchase, 
lease,  or  erect  such  school  houses 
as  may  be  necessary,  to  keep  the 
same  in  repair,  to  furnish  all  other 
things  necessary  to  the  school  houses 
during  the  time  a  school  shall  be 
kept  therein,  and  apply  for  and  re¬ 
ceive  from  the  County  Treasurer,  or 
other  officers,  all  moneys  appropri¬ 
ated  for  the  common  schools  and 
district  library,  and  designate  a 
place  where  the  library  may  be  kept 
therein.  The  said  Board  of  Educa¬ 
tion  shall  have  also  full  power  and 
authority  to  make  by-laws  and 
ordinances  relative  to  the  making  of 
all  necessary  reports  and  trans¬ 
mitting  the  same  to  proper  officers 
as  designated  by  the  State  laws,  so 
that  the  said  District  may  be  en¬ 
titled  to  its  proportion  of  the  school 
funds,  the  visitation  of  schools;  the 
duration  of  time  schools  shall  be 
kept,  which  shall  not  be  less  than 
five  months  in  each  year;  the  em¬ 
ployment  of  teachers,  their  powers 
and  duties;  the  regulation  of  the 
schools  and  the  books  to  be  used, 
and  the  course  of  study  to  be  pur¬ 
sued  therein;  the  appointment  of 
necessary  officers,  and  prescribe  their 
powers  and  duties;  also  relative  to 
anything  whatever  that  may  advance 
the  interests  of  education,  the  good 
government  and  prosperity  of  the 
public  schools  in  the  City,  and  the 
welfare  of  the  public  concerning  the 
same,  not  inconsistent  with  the  State 
laws. 


330.  Qualification  and  Organiza¬ 
tion. — ^Bach  school  director  before 
entering  upon  the  duties  of  his  office 
shall  take,  subscribe  to,  and  file  in 
the  office  of  the  City  Clerk  an  oath 
or  affirmation  that  he  will  support 
the  constitution  and  laws  of  the  State 
of  Minnesota,  and  discharge  the 
duties  of  his  office  honestly  and  to 
the  best  of  his  ability. 

The  annual  meeting  of  said  Board 
shall  be  held  on  the  second  Tuesday 
of  January  in  each  year.  At  the 
annual  meeting,  following  the  elec¬ 
tion  of  directors,  said  Board  shall 
organize  itself  by  electing  a  presi¬ 
dent,  vice  president,  secretary  and 
treasurer  for  a  term  of  two  years, 
or  until  their  successors  are  elected 
and  qualified.  Said  president,  vice 
president  and  secretary  shall  be 
members  of  the  Board  of  Education, 
but  the  treasurer  may  be  any  resi¬ 
dent  and  legal  voter  of  the  City  whom 
the  Board  may  elect,  and  he  may  be 
a  member  of  the  Board. 

The  secretary  and  treasurer,  within 
twenty  days  after  their  election,  shall 
each  give  a  bond  for  the  faithful  per¬ 
formance  of  his  duties  payable  to 
■said  Board  of  Education,  in  such 
sum  as  shall  be  fixed  by  said  Board, 
and  with  sureties  who  shall  be  free¬ 
holders  of  the  City,  or  each  may  give 
a  bond  procured  from  a  regularly 
accredited  surety  company,  author¬ 
ized  to  do  business  under  the  laws 
of  Minnesota;  premiums  on  such 
bonds  may  be  paid  by  the  Board: 
Said  bonds  shall  be  formally  ap¬ 
proved  by  the  Board  of  Education 
and  deposited  in  the  office  of  the 
City  Clerk.  i 

3  31.  Duties  of  Officers. — The  re¬ 
spective  officers  of  the  Board  shall 
perform  the  duties  usually  incident 
to  their  respective  offices,  and  such 
other  duties  as  shall  be  specifically 
required  of  them  by  the  Board  of 
Education. 

332.  Meetings.  —  Regular  meet¬ 
ings  of  the  Board  other  than  the  an- 
!  nual  meetings  shall  be  at  such  times 
I  and  places  as  may  be  determined  by 
!  the  Board.  Special  meetings  of  the 
I  Board  may  be  called  by  the  President 
I  or  any  two  school  directors  upon  a 
I  written  notice  stating  the  time,  place 
and  object  of  the  meeting,  served 
personally,  or  at  the  place  of  abode 
I  of  the  other  directors,  at  least 
tAventy-four  hours  before  such  meet¬ 
ing.  Whenever  all  the  directors  shall 
be  present  at  any  special  meeting, 
such  meeting  shall  be  a  legal  meet¬ 
ing  at  which  any  business  which 


could  come  before  a  regular  meeting 
may  be  transacted  whether  there  was 
any  notice  given  of  such  meeting  or 
not. 

333.  Taxation. — The  Board  of 
Education  is  hereby  authorized  and 
empowered  to  levy  upon  the  taxable 
property  of  the  City  each  and  every 
year  such  taxes  as  will  raise  sufTicient 
sums  of  money  for  all  school  pur¬ 
poses  of  every  character  whatsoever, 
including  money  for  the  purchase, 
construction,  and  repair  of  school 
buildings  and  also  money  to  defray 
the  expenses  incident  to  the  main¬ 
tenance  thereof;  and  also  such  sums 
as  will  provide  for  the  prompt  pay¬ 
ment  of  all  indebtedness  of  said  dis¬ 
trict,  provided  that  the  aggregate 
annual  amount  shall  never  exceed 
in  any  year  fifteen  mills  on  the  dol¬ 
lar  upon  the  assessed  valuation  of 
said  district.  The  Board  of  Educa¬ 
tion  shall  make  and  return  its  an¬ 
nual  levy  of  taxes  on  or  before  the 
first  day  of  September  of  each  year 
to  the  County  Auditor  of  the  County 
of  Washington,  and  such  taxes  shall 
be  collected  and  the  payment  thereof 
enforced  in  like  manner  as  state  and 
county  taxes  are  collected  and  the 
payment  thereof  enforced,  and  when 
collected  shall,  together  with  all 
costs,  interest,  and  penalties  collect¬ 
ed  thereon,  be  turned  over  by  the 
County  Treasurer  to  the  Treasurer 
of  said  Board,  at  the  times  said 
County  Treasurer  is  required  to 
make  settlement  with  the  City 
Treasurer  of  the  City. 

33  4.  Real  Estate. — The  Board  of 
Education  may  acquire  or  dispose 
of  real  estate  for  school_  purposes, 
and  title  to  all  such  real  estate  shall 
be  vested  or  conveyed  in  the  name 
of  Stillwater  City  School  District, 
and  all  conveyances  of  such  real 
estate  shall  be  signed  by  the  presi¬ 
dent  and  secretary  and  sealed  with 
the  seal  of  said  School  District. 

The  acquisition  or  disposal  of  all 
such  real  estate  shall  be  authorized 
by  a  resolution  of  the  Board  of  Edu¬ 
cation  receiving  the  affirmative  vote 
of  not  less  than  four  directors;  said 
voting  to  be  by  ayes  and  noes,  and 
each  vote  shall  be  recorded  in  the 
record  of  the  proceedings  of  the 
Board. 

335.  Aye  and  Xay  Votes. — Aye 
and  nay  votes  shall  be  taken  and 
recorded  for  the  issuing  of  warrants 
in  payment  of  all  bills  and  obliga¬ 
tions,  except  warrants  for  salaries  of 
teachers  and  other  employes. 

336.  Vacancies. — In  the  event 


that  any  school  director  or  officer 
dies,  resigns,  or  removes  from  the 
district  or  otherwise  vacates  his 
office  before  the  expiration  of  his 
term,  the  Board  of  Education  shall 
fill  the  vacancy  by  selecting  a  suc¬ 
cessor  for  the  balance  of  the  un¬ 
expired  term  of  said  school  director 
or  officer.  Three  successive  absences 
by  any  director  without  the  consent 
of  the  Board  of  Education  shall 
create  a  vacancy.  If  any  school 
director  elected  at  any  election  shall 
fail  or  refuse  to  qualify  before  the 
next  annual  meeting,  there  shall  be 
deemed  to  be  a  vacancy,  which  shall 
be  filled  in  the  same  manner. 

33  7.  Salaries. — The  Board  of 
Education  shall  fix  the  shlaries  of 
the  treasurer  and  secretary  at  such 
reasonable  sums  as  said  Board  may 
deem  proper.  No  other  School  Di¬ 
rector  shall  receive  any  pay  or  com¬ 
pensation  for  the  services  performed. 

33  8.  Annual  Statements. — U  pon 
the  installation  of  the  accounting 
system  prescribed  in  Section  144, 
said  Board  shall  cause  its  books  and 
accounts  to  be  kept  and  maintained 
I  in  accordance  therewith,  and  shall 
I  prepare  and  deliver  to  the  Council 
the  statements  as  provided  by  said 
Section  144. 

339.  Continuation  of  Contracts 
and  Work. — The  Stillwater  City 
School  District,  constituted  under 
the  provisions  of  this  article,  sh»il 
be  deemed  a  continuation  of,  and 
the  successor-in-interest  of  the  form¬ 
er  Stillwater  City  School  District: 
all  contracts,  obligations  and  liabil¬ 
ities  entered  into,  and  all  matters, 
proceedings,  acts  or  doings,  had  or 
done,  by  said  former  Stillwater  City 
School  District,  shall  continue  in 
force  and  effect;  and  all  work  be¬ 
gun  by  said  former  Stillwater  City 
School  District  prior  to  the  taking 
effect  of  this  charter,  shall  be  con¬ 
tinued,  carried  on  and  completed  by 
the  Board  of  Education  of  the  Still¬ 
water  City  School  District,  consti¬ 
tuted  by  this  charter. 

ARTICLE  XVIII. 

BOARD  OF  WATER  COMMISSION¬ 
ERS 

340.  How  Created. — The  system 
of  water  works  now  owned  and  oper¬ 
ated  by  the  City  of  Stillwater  shall 
be  under  the  control  and  manage¬ 
ment  of  a  Board  of  Water  Commis¬ 
sioners,  and  said  Board  shall  be 
known  by  name  Board  of  Water 
Commissioners  of  City  of  Stillwater, 
and  said  iBoard  shall  hold  office  and 
be  appointed  as  provided  in  this 


article,  and  shall  have  all  the  powers 
and  duties  hereinafter  prescribed. 

341.  Board  May  Sue  and  Be 
Sued. — Said  Board  may  sue  and  be 
sued,  plead  and  be  impleaded,  answer 
and  be  answered  unto,  appear  and 
prosecute  unto  final  judgment  in 
any  court  or  elsewhere  in  its  own 
name,  and  may  have  a  corporate  seal 
and  alter  the  same  at  pleasure.  A 
majority  of  said  Board  shall  con¬ 
stitute  a  quorum,  and  all  contracts 
and  engagements,  acts  and  doings 
of  said  Board  within  the  scope  of  its 
duty  and  authority  shall  be  obliga¬ 
tory  upon  and  as  binding  in  law  as 
if  done  by  the  Council. 

342.  ]\lenibersliip  —  How  Consti¬ 
tuted. — ^Said  Board  shall  consist  of 
three  members  who  shall  be  voters 
of  the  City  and  always  appointed  by 
the  Mayor.  The  present  members 
of  the  former  Board,  upon  the  taking 
effect  of  this  charter,  shall  each 
continue  to  hold  his  office  until  the 
expiration  of  the  time  for  which  he 
was  appointed,  and  said  Board  shall 
constitute  the  Board  of  Water  Com¬ 
missioners  under  this  article.  There¬ 
after  appointments,  except  appoint¬ 
ments  to  fill  vacancies,  shall  be  for 
the  term  of  three  years.  Vacancies 
in  said  Board  from  any  cause  other 
than  expiration  of  term  of  office  shall 
be  filled  by  appointment  for  the  un¬ 
expired  term.  Each  member  of  said 
Board  shall  serve  without  compensa¬ 
tion,  shall  qualify  by  subscribing  to 
and  filing  in  the  office  of  the  City 
Clerk  an  oath  that  he  will  faithfully 
and  impartially  perform  the  duties 
of  his  office,  and  his  term  of  office 
shall  continue  until  his  successor  is 
appointed  and  qualified. 

3  43.  President — How  Elected. — 
Upon  the  taking  effect  of  this  char¬ 
ter,  and  in  each  year  after  the  expir¬ 
ation  of  the  term  of  any  member 
thereof,  and  the  qualifying  of  his 
successor,  said  Board  shall  elect  one 
of  its  members  President  of  the 
Board,  and  one  of  its  members  Vice- 
President  of  the  Board. 

34  4.  Secretary  —  How  Elected — 
Bond — Duties. — Said  Board  shall  ap¬ 
point  Some  suitable  person  as  its 
secretary  who  shall  hold  office  dur¬ 
ing  the  pleasure  of  said  Board,  and 
who  shall,  before  entering  upon  his 
duties,  furnish  a  bond  running  to 
the  City  and  with  such  sureties  and 
in  such  amount  as  shall  be  fixed  by 
said  Board,  and  if  such  bond  is  fur¬ 
nished  by  a  surety  company  author¬ 
ized  to  do  'business  in  the  State  of 
Minnesota,  the  premium  thereon  may 


be  paid  by  said  Board  and  such  bond 
shall  be  conditioned  that  he  will 
faithfully  perform  all  the  duties  of 
his  office  as  required  by  this  charter 
and  promptly  pay  over  to  the 
treasurer  of  said  Board  all  moneys 
and  deliver  up  all  property  belong¬ 
ing  to  the  City  that  he  may  have  in 
his  possession,  or  for  which  he  is  or 
may  be  accountable.  It  is  made  the 
duty  of  said  secretary  under  the 
direction  of  said  Board  to  collect 
and  receive  and  promptly  pay  to  the 
treasurer  of  said  Board  all  moneys 
due  on  account  of  the  operation  of 
said  water  works  or  any  transaction 
of  said  Board.  He  shall  keep  an 
accurate  record  in  books  kept  for 
that  purpose,  of  all  the  proceedings 
and  business  transactions  of  said 
Board;  he  shall  also  keep  a  set  of 
books  which  shall  contain  a  full 
and  complete  statement  of  the  con¬ 
dition  and  operation  of  said  wa<^er 
works  and  of  all  moneys  received 
and  paid  out  on  account  thereof  for 
any  cause  whatsoever,  together  with 
an  accurate  account  of  the  expenses 
of  said  Board  and  of  said  system,  and 
of  the  income  thereof,  and  in  such 
manner  as  to  show  at  all  times  the 
exact  financial  condition  of  said 
Board,  and  he  shall  make  a  detailed 
statement  of  the  same  to  said  Board 
semi-annually  at  such  time  as  said 
Board  shall  fix.  He  shall  perform 
such  other  and  further  duties  as  said 
Board  may  from  time  to  time  require 
and  shall  receive  such  salary  or  com¬ 
pensation  las  shall  be  fixed  by  saia 
Board. 

345.  City  Treasurer  To  Be  Treas¬ 
urer  of  Board. — ^The  City  Treasurer 

shall  be  ex  officio  the  treasurer  of 
said  Board,  and  it  shall  be  his  duty 
to  receive  all  moneys  which  may  be 
paid  to  said  secretary  on  account  of 
said  Board  of  Water  Commissioners 
from  any  source  whatever.  All  mon¬ 
eys  so  received  shall  be  kept  by  said 
Treasurer  in  a  fund  known  as  the 
“Water  Works  Fund*’  and  separate 
from  all  other  moneys  of  the  City, 
and  shall  be  paid  out  only  upon  the 
orders  of  said  Board  signed  by  the 
President,  and  countersigned  by  the 
secretary  thereof.  He  shall  report 
semi-annually  to  said  Board  at  such 
times  as  it  may  determine,  and  at 
such  other  times  as  said  Board  may 
require,  in  detail  showing  the 
amounts  paid  into  said  fund,  the  sums 
paid  therefrom,  and  the  sums  remain¬ 
ing  to  the  credit  of  said  fund.  The 
City  Treasurer  shall  receive  in  addi¬ 
tion  to  the  salary  or  compensation 


fixed  by  the  Council,  such  further 
sum  as  said  Board  may  determine 
for  services  performed  by'  him  pur-  | 
suant  to  this  article.  i 

34  6.  Powers  of  Board. — Said 
Board  shall  have  full,  absolute  and 

exclusive  control  of  and  power  over  : 
the  water  works  and  water  plant  of  i 
the  City,  and  all  parts,  attachments  I 
and  appurtenances  thereto,  and  all  ! 
apparatus  and  material  of  every  kind  ! 
and  description  used  or  to  be  used  in  j 
operating  said  plant  and  owned  and  : 
controlled  by  the  City.  It  shall  have  ; 
the  power  to  operate  the  same  and  to  j 
extend,  add  to,  change  or  modify  the  I 
same,  and  to  do  any  and  all  things  ! 
in  and  about  the  same  which  it  may  j 
deem  necessary  for  the  proper,  sani-  i 
tary,  healthful  and  economical  oper¬ 
ation  thereof:  l^rovided,  it  shall  not 
have  the  right  to  sell,  lease,  rent  or 
in  any  way  dispose  of  or  incumber 
the  said  property.  It  shall  have  au¬ 
thority  to  buy  all  material  and  em¬ 
ploy  all  help  necessary  to  make  any 
extension  or  addition  to  or  change 
or  modification  of  said  plant,  or  it 
may  contract  to  extend,  add  to, 
change  or  modify  said  plant  or  any 
part  thereof.  Said  Board  shall  also 
have  authority  to  buy  all  necessary 
fuel  and  supplies,  to  appoint  and  re¬ 
move  at  pleasure  such  employes  and 
officers  as  in  its  judgment  may  be 
necessary  and  to  fix  their  salaries  and 
compensation  from  time  to  time.  And 
in  case  any  person  holding  any  office 
of  the  City  or  employed  thereby  shall 
be  employed  or  appointed  by  said 
Board,  said  Board  shall  fix  the  com¬ 
pensation  or  salary  of  such  person 
for  all  services  or  duties  performed 
by  such  person  for  said  Board.  Said 
Board  shall  also  have  power  to  make 
by-laws  and  regulations,  not  incon¬ 
sistent  with  law,  or  this  charter,  for 
the  government  of  its  officers  and  em¬ 
ployes,  for  the  control  and  manage¬ 
ment  of  said  plant,  and  the  several 
portions  thereof,  and  for  the  regula¬ 
tions  and  transactions  of  the  busi¬ 
ness  entrusted  to  them.  It  shall  have 
power  to  require  payment  in  advance 
‘  for  water  or  service  furnished  by  it 
in  or  upon  any  building,  place  or 
premises,  and  in  case  prompt  pay¬ 
ment  shall  not  be  made,  it  may  shut 
off  the  water  from  such  building, 
place  or,  premises  and  shall  not  be 
compelled  to  again  supply  such  build¬ 
ing,  place  or  premises  with  water  un¬ 
til  said  arrears,  with  interest  thereon 
together  with  >costs  of  turning  said 
water  off  and  on  as  fixed  by  said 
Board,  shall  be  fully  paid.  It  shall 


also  have  power  to  fix  and  determine 
conditions  and  requirements  for  mak¬ 
ing  or  continuing  connections  with 
said  plant,  to  make  regulations  gov¬ 
erning  the  use  of  water  furnished 
therefrom  and  to  prevent  waste  there¬ 
of  and  in  case  of  the  default,  refusal 
or  neglect  of  any  patron  in  the  due 
observance  of  any  such  requirement 
or  conditions  or  regulations  to  dis¬ 
continue  the  furnishing  water  to  any 
one  so  offending. 

347.  Fixing  Rates  and  Regulating 
Bistrilmtion. — ^Said  Board  shall  con¬ 
trol  and  regulate  the  distribution  of 
water  from  said  system  of  water 
works,  in  all  places  and  for  all  pur¬ 
poses  where  the  same  may  be  re¬ 
quired  for  either  private  or  public 
use,  and  fix  the  price  and  rates  there¬ 
for,  and  from  time  to  time  cause 
to  be  assessed  the  water  rate  to  be 
paid  for  any  public  use  thereof,  or 
by  the  owner  or  occupant  of  each 
house  or  other  building  having  or 
using  water,  upon  such  basis  as  it 
shall  deem  equitable,  provided,  that 
such  rate  may  be  greater  for  the 
water  furnished  to  the  owner  or  oc¬ 
cupant  of  any  building  or  premises 
situate  on  any  lot,  piece  or  parcel  of 
land  for  any  reason  not  liable  for  or 
exempt  from  the  frontage  tax  here¬ 
inafter  provided,  than  the  rate 
charged  for  a  like  service  furnished 
to  the  owners  or  occupants  of  lands 
liable  for  and  not  exempt  from  such 
frontage  tax.  Every  such  water  rate 
shall  become  a  continuing  lien,  until 
paid,  on  e'ach  house  or  other  build¬ 
ing,  and  upon  the  lot  or  lots  upon 
which  such  house  or  other  building 
is  situate,  and  shall  have  equal  rank 
thereon  with  the  liens  of  the  State 
and  County  for  taxes  and  with  the 
liens  of  assessments  for  local  im¬ 
provements  levied  thereon.  The 
Board  shall  erect  such  number  of 
new  public  hydrants  and  in  such 
places  as  shall  be  ordered  from  time 
to  time  by  ,  the  ^Council  of  the  City. 
Said  Board  is  hereby  authorized  and 
required  to  restrain  and  prevent  any 
and  all  wastage  of  water,  whether 
occurring  under  public  or  private  use, 
and  to  that  end  may,  when  in  its 
judgment  necessary  turir  off  the  wa¬ 
ter  or  take  such  other  action  as  in  its 
judgment  may  be  proper. 

348.  Separate  Accounts  For  City 

and  Water  Boards. — The  said  Board 
shall  keep  separate  accounts  for  wa¬ 
ter  furnished  for  all  public  purposes 
to  the  City  and  its  various  Boards, 
and  shall  collect  the  amount  of  said 
accounts  from  the  City  and  its  var- 


ious  Boards  in  the  same  manner,  and 
subject  to  the  same  rules  and  regula¬ 
tions  as  if  the  City  and  its  various 
Boards  were  private  persons. 

3  49.  Use  of  Groimdis,  Ete. — Said 
Board  in  behalf  of  the  City,  and  all 
persons  acting  under  its  authority, 
shall  have  the  right  to  use  the 
grounds  or  soil  under  any  road,  rail¬ 
road,  railway,  highway,  street,  lane, 
alley,  court  or  public  place  for  the 
purpose  of  constructing,  enlarging, 
improving  or  repairing  the  water 
works  of  the  City,  on  condition  that 
it  shall  cause  the  surface  of  such 
road,  railroad,  railway,  highway, 
street,  lane,  alley,  court  or  public 
place  to  be  restored  to  its  original 
state  and  all  damages  done  thereto 
repaired.  Provided,  however,  that  in 
acting  under  this  section,  said  Board 
shall  respect  and  obey  all  ordinances 
of  the  City. 

350.  Assessments — How  Levied. 
— In  addition  to  all  other  powers 
conferred  upon  said  Board,  said 
Board  is  authorized  for  the  purpose 
of  defraying  in  whole  or  in  part  the 
cost  of  such  water  works  and  of 
subsequent  extensions  thereof,  to  as¬ 
sess  upon  each  and  every  lot,  piece 
or  parcel  of  land  in  the  City,  except 
only  lands  which  are  or  may  be  ex¬ 
empt  by  law  from  assessments  for 
local  improvements,  jn  front  of  which 
water  m^ains  are  or  shall  hereinafter 
be  laid,  a  water  frontage  tax  at  the 
rate  of  seventy-five  cents  on  each 
lineal  foot  of  the  frontage  of  such 
lot,  piece  or  parcel  of  land,  and  which 
shall  be  a  lien  upon  such  lot,  piece 
or  parcel  of  land  until  paid,  and 
shall  be  due  in  fifteen  equal  install- 
mients,  and  collected  at  the  time  and 
as  hereinafter  provided.  Every  lot, 
piece  or  parcel  of  land  in  the  City 
situate  at  the  intersection  of  two  or 
more  streets,  each  having  water  main 
laid  therein,  shall  be  allowed  an  ex¬ 
emption  from  such  frontage  tax  on 
one  of  said  streets  at  each  corner 
thereof,  but  no  such  exemption  shall 
be  allowed  until  after  such  lot,  piece 
or  parcel  of  land  shall  have  been 
fully  assessed  for  such  frontage  tax 
on  one  of  the  streets  intersecting  at 
the  corner  where  such  exemption  is 
allowed.  Such  exemption  shall  be  the 
number  of  feet  of  the  shorter  front¬ 
age  of  every  such  lot,  piece  or  parcel 
of  land  on  either  of  such  intersecting 
streets  not  exceeding,  however,  fifty 
feet  at  any  corner.  No  property  shall 
be  subject  to  any  such  frontage  tax 
on  any  frontage  thereof  upon  which 
frontage  the  owner  or  owners  there¬ 


of  shall  have  theretofore  and  without 
cost  to  the  City,  or  to  said  Board, 
laid  or  caused  a  water  main  to  be 
laid  in  front  of  such  property  and 
which  water  main  has  been  there¬ 
after  accepted  by  the  City,  or  by  said 
Board,  and  made  a  part  of  said  sys¬ 
tem  of  water  works. 

351.  Assessment  Roll. — The 
Board  shall  make  up  a  detailed  as¬ 
sessment  roll  duly  certified  by  its 
President  and  Secretary,  and  under 
the  seal  of  said  Board  for  the  front¬ 
age  tax  described  ,  in  the  foregoing 
section,  upon  each  lot,  piece  or  parcel 
of  land  liable  therefor,  and  all  duly 
certified  assessment  rolls  made  by  the 
former  Board  prior  to  the  taking  ef¬ 
fect  of  this  charter  shall  continue  in 
force  and  effect,  and  shall  be  the  of¬ 
ficial  assessment  rolls  of  the  Board, 
created  under  this  Article,  and  the 
said  Board  shall  thereafter,  and  prior 
to  the  first  day  of  August  in  each 
year,  make  up  a  like  assessment  roll 
for  the  said  frontage  tax  upon  each 
fot,  piece  or  parcel  of  land  then  liable 
therefor  by  reason  of  any  extension 
or  addition  to  said  system  of  water 
works,  subsequent  to  the  making  up 
of  the  first  or  any  subsequent  assess¬ 
ment  roll  as  hereinbefore  provided. 
Every  such  assessment  roll  shall  be 
filed  in  the  office  of  the  Secretary  of 
said  Board  and  preserved  by  him  and 
i  shall  be  kept  as  a  public  record  in 
jhis  office. 

i  352.  Frontage  Tax — When  Due. 

I — The  first  installment  of  every  such 
;  frontage  tax  shall  be  due  immediate- 
^  ly  upon  the  filing  of  the  assessment 
j  roll  for  such  tax  in  the  office  of  said 
I  Secretary,  and  one  subsequent  install- 
I  ment  thereof  shall  become  due  on  the 
I  first  day  of  July  in  each  year  there- 
j  after,  and,  until  the  respective  in- 
1  stallments  thereof  have  been  certified 
ito  the  County  Auditor  as  herein  pro- 
Ivided,  they  shall  be  collected  by  said 
I  Secretary.  Upon  the  filing  of  any 
I  such  assessment  roll  in  his  office, 

:  said  Secretary  shall  prepare  a  written 
I  notice  over  his  signature,  stating 
I  therein  that  an  assessment  roll  for 
i  the  water  frontage  tax  authorized  by 
:  this  Article,  and  assessed  under  the 
!  provisions  hereof  upon  each  lot,  piece 
i  or  parcel  of  land  in  the  City,  liable 
I  therefor,  at  the  date  of  said  assess- 
!  ment  roll,  has  been  filed  in  his  of- 
I  fice,  that  the  first  installment  of  such 
!  assessment  is  then  due,  and  also 
j  stating  therein  the  date  of  such 
:  assessment  roll  and  of  the  filing 
!  thereof.  Said  Secretary  shall  cause 
i  such  notice  to  be  published  for  three 


successive  weeks  in  the  official  news- 1 
paper  of  the  City,  and  a  printed  copy  | 
thereof  to  be  posted  in  each  of  three 
public  places  in  the  City,  provided  | 
that  no  defect  or  irregularity  in  any 
such  notice  or  in  the  publication  or 
posting  thereof,  shall  in  any  way  to 
any  extent  impair  or  invalidate  any 
such  assessment  roll,  or  any  assess¬ 
ment  therein  contained,  or  any  part 
thereof,  or  any  penalty  thereon  here¬ 
inafter  provided  for. 

353,  Froiitiigo  Tax — When  Deliii- i 
qiient. — The  first  installment  of  every 
such  frontage  tax  shall  be  delinquent  j 
at  the  expiration  of  sixty  days  after  i 
the  assessment  roll  therefor  shall 
have  been  filed  in  the  office  of  said 
Secretary  and  shall,  at  the  expiration 
of  said  sixty  days,  be  subject  to  and 
there  shall  be  added  thereto  a  penalty 
of  ten  per  cent  of  the  amount  of  such 
installment.  Every  subsequent  in¬ 
stallment  of  such  frontage  tax,  if  not 
paid  prior  to  the  first  day  of  October 
in  the  year  in  which  the  same  be¬ 
comes  due,  shall  be  delinquent  on 
said  day,  and  shall  also  be  subject  to 
and  there  shall  be  added  thereto  a 
penalty  of  ten  per  cent  of  the  amount 
of  such  delinquent  installment. 

3  5  4.  Statement  of  Delinquent  As¬ 
sessments — Between  the  first  day  of 
October  and  the  fifteenth  day  of  Octo¬ 
ber  in  each  year  said  Board  shall 
make  up  a  detailed  statement  duly 
certified  by  the  President  and  under 
its  seal,  of  all  installments  of  such 
tax  or  assessments  becoming  delin¬ 
quent  during  the  year  preceding  and 
of  all  penalties  thereon,  which  state¬ 
ment  shall  be  transmitted  by  the  Sec¬ 
retary  of  said  Board  on  or  prior  to 
said  fifteenth  day  of  October  to 
the  County  Auditor  of  Washington 
County,  as  delinquent  taxes  for  col¬ 
lection,  whereupon  it  shall  be  the 
duty  of  said  County  Auditor  to  ex¬ 
tend  the  same  in  proper  columns  on 
his  rolls  against  the  property  des¬ 
cribed  in  said  statement  as  aforesaid 
for  collection,  and  every  such  install¬ 
ment  of  such  tax  or  assessment  shall 
be  collected  and  the  payment  thereof 
enforced  with  and  in  the  like  manner 
as  State,  County,  and  other  taxes  are 
collected  and  the  payment  thereof  en¬ 
forced  and  shall  be  subject  to  all  the 
penalties  and  charged  as  property 
delinquent  for  taxes  delinquent  for 
County  and  State  purposes.  Every 
such  installment  of  such  tax  or  as¬ 
sessment,  when  collected,  shall  be 
paid  over  by  the  County  Treasurer  to 
the  Secretary  of  said  Board,  together 
with  all  costs,  penalties  and  interest 


collected  thereon  at  the  time  of  mak¬ 
ing  payment  of  city  taxes  to  the  Treas¬ 
urer  of  the  City.  At  the  time  of  mak¬ 
ing  such  payment,  said  County  Treas¬ 
urer  shall  transmit  to  the  Secretary 
of  said  Board  a  detailed  statement 
showing  the  several  parcels  of  land 
upon  which  collections  have  been 
made  by  him,  and  for  which  payments 
are  so  made  and  the  amount  col¬ 
lected  on  account  of  each  such  par¬ 
cel  Provided,  that  said  Board  may, 
prior  to  sale  of  any  lot,  piece  or  par¬ 
cel  of  land  for  the  enforcement  of 
taxes  pursuant  to  the  State  law,  by 
resolution  direct  its  Secretary  or  said 
County  Auditor  to  cancel  on  any  rec¬ 
ord  where  the  same  appears  any  in¬ 
stallment  of  said  tax  or  assessment, 
whether  because  the  same  be  irregu¬ 
lar  or  erroneous,  or  because  the  ex¬ 
tension  or  improvement  for  which  the 
same  shall  have  been  assessed  shall 
have  been  abandoned  by  said  Board 
in  whole  or  in  part.  Said  Board  may 
in  like  manner  direct  its  secretary  or 
said  County  Auditor  to  divide  any 
such  installment  of  such  tax  or  assess¬ 
ment  and  place  parts  thereof  on  any 
part  of  the  real  estate  against  which 
the  same  is  assessed,  and  to  make 
the  necessary  corrections  and  records 
thereof,  A  copy  of  any  resolution 
authorized  by  this  section,  certified  by 
the  Secretary  of  said  Board  and  under 
seal  of  said  Board,  fil^d  wdth  said 
County  Auditor  shall  be  sufficient 
authority  for  his  acts  in  compliance 
therewith. 

355.  Cancellation  of  Assessments 
By  Courts. — If  any  assessment  made 

by  said  Board  as  herein  authorized 
and  directed  shall  be  cancelled  by  it 
or  vacated,  annulled  or  set  aside, 
either  in  v/hole  or  in  part,  by 
any  court  for  any  reason  except 
that  the  land  whereon  the  same 
was  assessed  was  and  is  not 
liable  therefor,  in  every  such  case, 
all  portions  of  every  assessment 
so  cancelled,  vacated,  annulled  or 
set  aside  which  have  not  been 
theretofore  paid  or  which  shall 
have  been  repaid  by  said  Board,  shall 
be  re-assessed  by  said  Board  and  the 
collection  thereof  enforced  in  the 
same  manner  as  hereinbefore  pre¬ 
scribed  for  the  assessment  of  said 
frontage  tax  upon  lands  becoming 
liable  therefor  by  reason  of  an  ex¬ 
tension  of  or  an  addition  to  said  sys¬ 
tem  of  water  works,  and  in  case  for 
any  reason  any  lot,  piece  or  parcel 
of  land  liable  for  such  frontage  tax 
shall  at  any  time  for  any  cause  be 
omitted  from  any  assessment  made 


while  the  same  was  liable  therefor  and 
imassessed,  such  lot,  piece  or  parcel 
of  land  shall  be  likewise,  so  soon  as 
such  omission  shall  be  discovered, 
assessed  for  such  frontage  tax  as 
though  the  same  had  become  liable 
therefor  by  reason  of  such  extension 
or  addition  to  said  water  works. 

8  56.  Extension  of  Water  Works 
System— Issuance  of  Certificates. — 
Said  Board  is  further  authorized  and 
empowered  whenever  at  any  time  or 
from  time  to  time  it  shall  determine 
to  make  an  extension  or  addition  to 
the  system  of  water  works  of  the 
City,  and  when  authorized  by  a  reso¬ 
lution  of  the  Council  of  the  City  to 
issue  the  samfe,  to  cause  to  be  issued 
and  sold  as  the  proceeds  thereof  shall 
be  needed  for  the  purpose  of  paying 
the  cost  of  the  extension  of  or  addi¬ 
tion  to  said  system  of  water  works 
so  determined  upon  certificates  of  in¬ 
debtedness  in  anticipation  of  the  col¬ 
lection  of  any  frontage  tax  assessed 
or  to  be  assessed,  on  account  of  such 
extension  or  addition.  Such  certifi¬ 
cates  of  indebtedness  shall  be  issued 
to  mature  serially  and  as  nearly  as 
may  be  at  such  times  and  in  such 
amounts  as  will  correspond  with  the 
times  of  collection  of  the  several  in¬ 
stallments  of  the  frontage  tax  as¬ 
sessed  on  account  of  such  extension 
or  addition,  and  shall  bear  interest  at 
nt>t  to  exceed  six  per  cent  per  annum, 
payable  annually,  and  may  have  in¬ 
terest  coupons  attached  thereto  for 
such  installments  of  interest  and 
shall  be  payable  at  such  place  as  said 
Board  may  determine.  Such  certifi¬ 
cates  shall  be  issued  under  the  seal 
of  said  Board,  signed  by  its  president 
and  secretary  and  countersigned  by 
the  City  Clerk,  and  shall  be  issued  in 
such  denominations  as  said  Board 
shall  determine,,  but  shall  not  be  au¬ 
thorized  in  sums  aggregating  more 
than  Ten  Thousand  Dollars  in  any 
calendar  year.  The  certificates  issued 
for  each  extension  or  addition  shall 
constitute  a  separate  series  and  shall 
be  consecutively  numbered  and  state 
upon  the  face  thereof  the  extension  or 
addition  for  which  the  same  are  is¬ 
sued. 

The  principal  and  interest  of  the 

series  of  certificates  sold  on  account 
of  any  such  proposed  extension  or  ad¬ 
dition  shall  be  a  first  charge  on  the 
moneys  received  by  said  Board  from 
the  installments  of  frontage  tax  levied 
for  defraying  the  cost  of  extension  or 
addition  for  payment  of  the  cost  of 
which  the  same  were  issued,  and  no 
part  of  such  moneys  shall  be  used  for 


any  other  purpose  until  the  principal 
and  interest  on  such  series  of  certi¬ 
ficates  shall  have  been  fully  paid  or 
the  moneys  for  the  payment  thereof 
have  been  set  apart  in  the  treasury  of 
said  board. 

iSuch  certificates  may  be  sold  at 
such  time  and  manner  as  said  Board 
shall  determine,  but  shall  not  be  sold 
for  less  than  par  and  accrued  interest, 
and  said  Board  may  and  is  hereby 
authorized  to  purchase  any  such  cer¬ 
tificates  at  any  time,  with  any  funds 
in  its  hands  available  therefor,  as  an 
investment  of  such  funds  and  may 
again  sell  certificates  so  purchased  at 
pleasure  at  not  less  than  cost.  No  part 
of  the  moneys  arising  from  the  sale 
of  any  such  certificates  shall  be  used 
for  any  other  purpose  than  that  of 
the  extension  or  addition  for  which 
such  certificates  were  authorized. 

357.  Certificates  Not  To  Be  In¬ 
debtedness  of  City. — None  of  the 
certificates  of  indebtedness  hitherto 
issued  by  the  former  Board  or  up¬ 
on  the  taking  effect  of  this  charter, 
none  that  may  be  issued  by  the  new 
Board  pursuant  to  the  terms  of  this 
Article  shall  be  deemed  or  taken  to 
be  a  part  of  the  indebtedness  of  the 
City  within  the  purview  of  any  law 
limiting  the  amount  of  any  bonded  or 
other  indebtedness  of  the  City,  and 
certificates  of  indebtedness  authorized 
by  this  Article  may  be  issued  not¬ 
withstanding  and  without  regard  to 
any  limitations  of  indebtedness  of  the 
City,  nevertheless  the  full  faith  and 
credit  of  the  City  is  Irrevocably 
pledged  to  the  full  payment  of  such 
certificates  and  interest. 

358.  Annual  Statements. — Upon 
the  installation  of  the  accounting  sys¬ 
tem  precribed  in  Section  144  said 
Board  shall  cause  its  books  and  ac¬ 
counts  to  be  kept  and  maintained  in 
accordance  therewith,  and  shall  pre¬ 
pare  and  deliver  to  the  Council  the 
statements  as  provided  by  said  Sec¬ 
tion  144. 

359.  Countiniiance  of  Contracts 
and  Work. — The  Board  of  Water 

I  Commissioners  constituted  under  the 
provisions  of  this  article  shall  be 
deemed  a  continuation  of,  and  the 
successor-in-interest  of  the  former 
Board  of  Water  Commissioners,  con¬ 
stituted  under  the  provisions  of  Chap¬ 
ter  twenty-one  (21),  Laws  of  Minne¬ 
sota,  1911,  and  the  ordinances  enact¬ 
ed  to  carry  said  law  into  effect;  all 
contracts,  obligations,  and  liabilities 
entered  into,  and  all  matters,  proceed¬ 
ings,  acts  or  doings  had  or  done  by 
said  former  Board  shall  continue  in 


force  and  effect;  and  all  work  begun 
by  said  former  Board  prior  to  the 
taking  effect  of  this  Charter  shall  be 
continued,  carried  on,  and  completed 
by  the  Board  constituted  by  this 
Charter. 

ARTICLI]  XIX. 

STIIAAVATEll  PUBLIC  LIBRARY 

3  60.  Continiianco  Of. — From  and 
after  the  taking  effect  of  this  'charter, 
the  Stillwater  Public  Library  shall 
continue  in  full  force  and  effect,  as 
the  same  now  exists  under  the  au¬ 
thority  of  the  State  laws,  and  all 
ordinances,  resolutions  and  by-laws 
of  the  City  enacted  to  carry  such  laws 
into  effect,  and  all  such  State  laws  and 
ordinances,  resolutions  and  by-laws 
of  the  City  are  hereby  adopted  and 
made  a  part  of  this  charter. 

3  61.  Members  of  Board — To  Con¬ 
tinue  in  Office. — The  members  of  the 
present  Board,  upon  the  taking  ef¬ 
fect  of  this  charter,  shall  each  con¬ 
tinue  to  hold  office  until  the  expira¬ 
tion  of  the  time  for  which  appointed. 

3  62.  Members  of  Board — Appoint¬ 
ment  and  Approval  of. — Under  this 
charter,  the  Mayor  and  the  Council 
shall  have  the  same  authority  and 
power  to  act  under  the  aforesaid  State 
laws,  and  ordinances,  resolutions  and 
by-laws  of  the  City,  including  the  ap¬ 
pointment  and  approval  of  members 
of  said  Board,  and  otherwise  as  may 
be  required. 

3  63.  Annual  Statement. — In  addi¬ 
tion  to  the  annual  report  required  by 
the  State  laws,  said  Board,  upon  the 
installation  of  the  accounting  system 
prescribed  in  Section  144,  shall  cause 
its  books  and  accounts  to  be  kept  and 
maintained  in  accordance  therewith, 
and  shall  prepare  and  deliver  to  the 
Council  the  statements  as  provided 
by  said  Section  144. 

ARTICLE  XX. 

GENERAL  PROVISIONS 

3  64.  Summons — Process — Service 
on  City. — Service  of  summons,  pro¬ 
cess  or  notice  in  any  action  or  pro¬ 
ceeding  against  the  City  shall  be  made 
by  leaving  a  copy  thereof  with  the 
City  Clerk,  and  it  shall  be  the  duty 
of  the  City  Clerk  to  forthwith  inform 
the  City  Attorney  thereof  who  shall 
take  such  other  proceedings  as  may 
be  needed  to  defend  the  interests  of 
the  City. 

365.  Prosecution — By  Warrant — 
Or  Arrest. — In  all  prosecutions  for 
the  violation  of  the  laws  of  the  state, 
the  provisions  of  this  charter,  or  the 
ordinances,  resolutions,  regulations, 
by-laws  and  orders  of  the  City,  the 
first  process  shall  be  by  warrant,  pro- 


j  vided  that  no  w'arrant  shall  be  nec- 
!  essary  in  the  case  of  arrest  of  any 
person  while  in  the  act  of  violating 
any  such  law,  provision  of  the  Char¬ 
ter  or  ordinances,  resolutions,  reg¬ 
ulations,  by-laws  and  orders  of  the 
City;  and  the  person  or  persons  so 
arrested  shall  be  proceeded  against 
in  the  same  manner  as  if  the  arrest 
had  been  by  warrant. 

!  3  66.  Misdemeanor — Defined. — The 

term,  “misdemeanor”,  as  used  in  this 
charter,  shall  mean  a  violation  of  this 
charter,  or  of  any  ordinances,  resolu¬ 
tions,  regulations,  by-laws  and  orders 
of  the  City,  of  which  the  Municipal 
Court  shall  have  jurisdiction. 

3  67.  Misdemeanor — Punishment 
— Penalty. — Every  act  or  omission 
to  act  which,  under  this  charter  or 
the  ordinances,  resolutions,  regula¬ 
tions,  by-laws  and  orders  of  the  City 
and  its  various  Boards  is  or  shall  be 
made  a  misdemeanor  or  subject  to 
punishment,  shall  be  if  the  punish¬ 
ment  is  not  otherwise  prescribed, 
punishable  by  imprisonment  for  not 
more  than  ninety  days  or  by  fine  of 
not  more  than  One  Hundred  ($100) 
Dollars. 

3  6  8.  Prisoners  In  State  Cases — 
Board  of — City  Not  Liable  For. — The 
City  shall  not  be  liable  in  any  case 
for  the  board  or  jail  fees  of  any  per¬ 
son  who  may  be  committed  by  any 
officer  of  the  City  or  any  magistrate 
to  the  jail  of  Washington  County  for 
any  offiense  punishable  under  the 
State  laws. 

3  69.  Actions  In  Wliich  City  Is 
Party  In  Interest — Inhabitants  Not 
Disqualified. — No  person  shall  be  an 
incompetent  judge,  witness  or  juror, 
by  reason  of  his  being  an  inhabitant 
of  the  City,  in  any  proceeding  or 
action  in  which  the  City  shall  be  a 
party  in  interest. 

370.  Actions  For  Damage — Notice 
Of — Limitation. — No  action  shall  be 
maintained  against  the  City  on  ac- 
account  of  any  injuries  or  damages 
to  persons  or  property  unless  such 
action  shall  be  commenced  within  one 
year  from  the  occurrence  of  the  injury 
or  damage,  nor  unless  notice  shall 
have  been  given  in  writing  to  the 
City  Clerk  within  thirty  days  of  the 
occurrence  of  such  injury  or  damage, 
stating  the  time  when  and  the  specific 
place  where,  and  the  circumstances 
under  which  the  same  occurred,  and 
that  the  person  injured  or  damaged 
will  claim  damages  of  the  City  there¬ 
for;  but  such  notice  shall  not  be  re¬ 
quired  when  the  person  injured  shall, 
in  consequence  thereof,  be  bereft  of 


reason,  or  rendered  incapable  of  giv¬ 
ing  such  notice,  in  which  case,  such 
notice  shall  be  given  within  thirty 
days  after  such  person  becomes  cap¬ 
able  of  giving  the  same. 

371.  liiability  For  ]>amage& — 
Right  of  City  To  Recover. — If  any 
judgment  shall  be  recovered  in  any 
action  against  the  City  for  any  in¬ 
jury  or  damage  caused  by  any  ob¬ 
struction,  excavation,  opening  or  de¬ 
fect  in  any  highway  or  public  grounds 
caused  or  occasioned  by  the  act  or 
omission  of  any  person  or  corpora¬ 
tion,  the  City  shall  have  the  right  to 
recover  the  amount  of  any  such  judg¬ 
ment  from  the  person  or  corporation 
so  responsible  for  such  obstruction, 
excavation,  opening  or  defect. 

372.  Bond — J udicial  Proceedings 
— Not  Required  of  City. — The  City 
shall  not  be  required  in  any  judicial 
or  quasi  judicial  proceedings  to  enter 
into  any  bond  or  undertaking  or  to 
give  any  "security  whatever. 

373.  Enforcement  of  Judgments. 
• — When  any  judgment  is  recovered 
against  the  City  or  any  of  its  officers 
in  actions  prosecuted  by  or  against 
them  officially,  or  where  the  same 
is  to  be  paid  by  the  City,  no  execu¬ 
tion  shall  issue  except  as  herein  pro¬ 
vided;  but,  unless  reversed,  the  same 
shall  be  paid  from  funds  in  the  City 
treasury  if  there  be  any  available; 
if  not,  the  amount  thereof  shall  be 
levied  and  collected  as  other  City 
charges,  and,  when  so  collected,  shall 
be  paid  to  the  person  in  whose  favor 
the  judgment  was  rendered  upon  the 
delivery  of  a  proper  satisfaction 
therefor.  If  payment  is  not  made 
within  thirty  days  after  the  time  the 
County  Treasurer  is  required  by  law 
to  make  settlement  with  the  City 
Treasurer  for  all  moneys  collected 
on  the  aforesaid  levy,  then  execution 
m.ay.  issue,  but  the  property  of  the 
City  only  shall  be  liable  thereon. 

374.  City  Attorney — Duties  Of. — 
The  City  Attorney  shall  attend  to  all 
the  legal  business  of  the  City.  He 
shall  be  the  legal  adviser  of  the 
Mayor,  the  Council,  the  Stillwater 
City  School  District,  Stillwater  Pub¬ 
lic  Library,  Board  of  Water  Com¬ 
missioners,  and  ;  air  City  officials,  and 
when  requested  by  any  thereof  shall 
furnish  opinions  upon  such  legal 
questions  concerning  the  business  of 
the  City  as  may  be  submitted  to  him. 
He  shall  prosecute,  in  behalf  of  the 
City,  all  criminal  cases  arising  from 
violations  of  the  provisions  o'f  this 
charter  and  the  ordinances  of  the 
City,  and  shall  attend  to  all  suits 


and  proceedings  in  which  the  City, 
the  Stillwater  City  School  District, 
Stillwater  Public  Library,  or  Board 
of  Water  Commissioners  may  be  le¬ 
gally  interested;  provided  that,  in  any 
case  in  which,  by  reason  of  interest, 
the  City  Attorney  cannot  act,  or  in 
any  case  of  special  or  unusual  cir¬ 
cumstances  necessitating  the  em¬ 
ployment  of  special  counsel,  the 
Council  may,  by  resolution,  authorize 
the  employment  of  an  attorney  to 
act  as  special  counsel  for  the  City  in 
such  cases.  He  shall  render'  and 
perform  such  other  legal  duties  as 
may  be  prescribed  by  the  Council. 

375.  Municipal  Court — State 
Laws  Govern. — The  Municipal  Court 
of  the  City  of  Stillwater  shall  con¬ 
tinue  as  now  established  by  law,  and 
the  various  provisions  of  law  now 
in  force  establishing  said  Court,  de¬ 
fining  its  jurisdiction  and  powers,  its 
officers  and  their  terms  of  office  and 
salaries  or  compensation,  and  the 
practice  and  procedure  therein,  or  in 
any  other  respect,  shall  remain  un¬ 
affected  by  the  taking  effect  of  this 
charter. 

376.  Ordinances — ^Municipal  Court 
to  Take  Judicial  Notice. — In  all 
prosecutions  and  proceedings  of  every 
kind  before  the  Municipal  Court  of 
this  City,  such  Court  shall  take 
judicial  notice  of  all  ordinances, 
resolutions,  regulations,  by-laws  and 
orders  of  the  City,  and  it  shall  not 
be  necessary  to  plead  or  prove  same 
in  such  Court. 

377.  Charter  —  Courts  to  Take 
Judicial  Notice — Need  Not  Plead  or 
Prove. — The  Courts  shall  take  judi¬ 
cial  notice  of  this  charter,  and  it  is 
hereby  declared  to  be  a  public  act 
and  may  be  read  in  evidence  in  all 
Courts  in  this  state,  and  need  not 
be  pleaded  or  proven. 

3  78.  City  Record  s — Certified 
Copies  as  Evidence. — ^All  documents, 
records  and  books  of  the  City  shall 
be  prima  facie  evidence  of  the  facts 
therein  stated  and  copies  thereof 
when  certified  by  the  person  entitled 
to  the  official  custody  thereof  to 
have  been  compared  by  him  with  the 
original,  and  to  be  a  correct  tran¬ 
script  therefrom,  shall  be  received 
in  evidence  in  all  cases,  and  in  all 
Courts,  with  the  same  force  and 
effect  given  to  such  original. 

379.  Official  Publication — ^Affida¬ 
vit  Filing  Of. — When  any  notice, 
ordinance  or  resolution,  or  proceed¬ 
ings  of  the  Council,  or  any  other 
matter  is  required  to  be  published  in 
the  official  paper  or  other  newspaper, 


an  affidavit  of  the  printer  of  such  j 
paper,  or  his  foreman  or  clerk,  i 
annexed  to  a  printed  copy  of  same, 
taken  from  the  paper  in  which  it 
was  published,  and  specifying  the 
times  when,  and  the  paper  in  which 
the  same  was  published,  shall  be  filed 
with  the  City  Clerk  immediately  after 
the  last  day  of  the  publication  of  the 
same.  No  claim  or  bill  for  any  such 
publication  shall  be  allowed  or  paid, 
until,  such  affidavit  shall  have  been 
filed  with,  and  approved  by,  the  City 
Clerk. 

3  80.  Printer’s  Affidavit — Wlien 
Evidence. — The  original  affidavit 
specified  in  the  preceding  section  and 
copies  of  the  same,!  or  of  the  record 
thereof,  certified  by  the  City  Clerk, 
shall  be  prima  facie  evidence  of  such 
publication  and  of  the  facts  stated 
therein,  in  all  cases  and  in  all  courts. 

381.  Adverse  Possession  of  City 
Property — Of  Public  Highways. — ^No 
right,  title,  estate  or  easement  of 
the  City  in  any  property  shall  be 
lost  by  adverse  possession  or  occu¬ 
pancy,  and  no  statute  of  limitations 
shall  operate  against  the  City  in 
favor  of  any  person  occupying  any 
public  property  or  highway,  whether 
such  highway  shall  have  been  im¬ 
proved  or  not. 

382.  Meetings  of  Council — 
Boards,  Etc. — To  Be  Public. — All 
meetings  of  the  Council,  of  all 
Boards,  Committees  and  officials, 
whether  elected,  appointed  or  em¬ 
ployed,  shall  be  public  meetings 
open  to  the  public  under  proper 
regulations,  and  all  proceedings  and 
records  of  all  such  bodies  or  officials, 
and  all  documents,  records  and  books 
belonging  to  the  City  shall  be  public 
records  and  documents  accessible  to 
the  public  under  proper  restrictions 
to  be  fixed  by  the  Council,  or  by  its 
Boards. 

383.  Prior  Charter  —  Effect  of 
Supersedure. — The  supersedure  by 
this  charter  of  any  prior  charter  or , 
any  part  thereof,  and  all  laws  amend¬ 
atory  thereof,  whether  the  same  be 
revised  or  re-enacted  herein  or  not, 
shall  not  revive  any  law  heretofore 
repealed  or  hereby  superseded,  or 
any  office  abolished;  neither  shall  it 
affect  any  act  done,  ratified  or  con¬ 
firmed,  nor  any  right  accrued  or 
established,  nor  any  action  or  pro¬ 
ceeding  had  or  commenced;  but 
future  proceedings  save  as  herein 
specifically  provided,  shall  conform 
as  far  as  practicable  to  the  provisions 
of  this  charter. 

384.  Continuance  of  Present 


\ 


j  Officials — Al)oIishnient  of  Offices. — 
j  All  persons  holding  office,  at  the 
time  this  charter  goes  into  effect, 
shall  continue  ill,  office,  and  in  the 
performance  of  their  duties  until 
provision  shall  have  been  made 
otherwise  in  accordance  with  the 
provisions  of  this  charter  for  the 
performance  or  discontinuance  of 
the  duties  of  any  such  office.  When 
such  provision  shall  have  been  made, 
the  term  of  any  such  official  shall 
expire  and  the  office  be  abolished. 

The  powers  which  are  conferred 
and  the  duties  which  are  imposed 
upon  any  official,  board,  or'  depart¬ 
ment  of  the  City  under,  the  laws  of 
the  state,  shall  if  such  official,  board, 
or  department  is  abolished  by  this 
charter  be  thereafter  exercised  and 
discharged  by  the  official,  board,  or 
department,,  upon  whom  are  imposed 
corresponding  functions,  duties  and 
powers  under  this  charter. 

385.  Continuance  of  Contracts. — 
All  contracts  entered  into  by  or  with 
the  City,  prior  to  the  taking  effect 
of  this  charter,  shall  be  continued 
in  force  and  with  the  same  effect  as 
though  made  under  this  charter.  All 
the  procedure  entered  into  by  any 
of  the  authorities  of  the  City  for 
making  local  improvements  or  any 
other  public  work  shall  be  continued 
and  perfected  under  this  charter, 
except  where  otherwise  provided, 
with  the  same  effect  as  though  the 
same  had  been  commenced  here¬ 
under,  except  that  where  the  com¬ 
pletion  of  the  same  is  impracticable 
within  the  terms  of  this  charter,  the 
same  shall  be  completed  under  the 
terms  of  the  laws  in  force  prior  to 
the  adoption  thereof. 

386.  Succession — Subsisting  Rights 
— Existing  Ordinances^ — Provisions  of 
This  and  Prior  Charter. — Prom  and 
after  the  taking  effect  of  this  char¬ 
ter,  the  City,  the  Stillwater  City 
School  District,  the  Board  of  Water 
Commissioners,  and  the  Stillwater 
Public  Library  shall  be  in  all  respects 
each  the  legal  successor  of  the 
former  City,  the  former  Stillwater 
City  School  District,  the  former 
Board  of  Water  Commissioners,  and 
the  former  Stillwater  Public  Library, 
and  this  charter,  nor  any  amendment 
thereof,  shall  not  prejudice  any  sub¬ 
sisting  right,  lien  or  demand  against 
the  superseded  City,  or  the  super¬ 
seded  Stillwater  City  School  District, 
or  the  superseded  Board  of  Water 
Commissioners,  or  the  superseded 
Stillwater  Public  Library.  All  rights, 
penalties  and  forfeitures  accrued  or 


accruing  to  such  former  City,  Still¬ 
water  City  School  District,  Board  of 
Water  Commissioners,  or  Stillwater 
Public  Library,  all  property  vested 
therein,  or  held  in  trust  therefor,  all 
taxes  and  assessments  levied  in  its 
or  their  behalf  and  all  its  or  their 
privileges  and  immunities  not  incon¬ 
sistent  with  this  charter,  shall  pass 
to  said  successor.  All  ordinances, 
resolutions,  regulations,  by-laws  and 
orders  in  force  at  the  taking  effect 
of  this  charter,  not  in  conflict  with 
its  provisions,  shall  continue  in  force 
until  amended,  altered  or  repealed 
and  so  far  as  the  provisions  of  this 
charter  are  the  same  as  the  pro¬ 
visions  of  the  prior  charter,  and  all 
laws  amendatory  thereof,  the  pro¬ 
visions  of  this  charter  shall  be  con¬ 
strued  as  continuations  of  the  prior 
charter. 

387.  Mayor  and  Council — To  Hold 
Office  Until  Successors  Qualify. — 
Until  the  first  Mayor  and  Council 
shall  he  elected  and  qualified  under 
this  charter,  the  Mayor  and  Aider- 
men  in  office  at  the  time  this  char¬ 
ter  takes  effect  shall  continue  in 
their  respective  offices  with  the 
authority  then  vested  in  them  by  the 
laws  and  ordinances  in  force  prior 
to  the  time  this  charter  takes  efl'ect, 
together  with  such  further  authority 
as  is  conferred  upon  them  by  this 
charter  necessary  to  the  election  and 
qualification  of  their  successors. 

388.  Abolishment  of  Offices  — 
Termination  of  Terms  of  Office. — 
Upon  the  qualification  of  the  Mayor 
and  four  Councilmen  elected  at  the 
first  election  under  this  charter,  the 
office  of  the  present  Mayor,  Aider- 
men,  iCity  Clerk,  City  Treasurer,  City 
Attorney,  City  Engineer,  Assessor, 
and  all  other  offices  and  employes  of 
thei  City,  and  all  members  of  the 
Board  of  Education  of  the  Stillwater 
City  School  district,  shall  be  abolish¬ 
ed  and  the  term  of  each  of  said  offices 
shall  cease  and  terminate,  except  the 
Judge  and  Special  Judge  of  the  Muni¬ 
cipal  Court,  all  the  members  of  the 
Board  of  Water  Commissioners,  and’ 
all  the  members  of  the  Board  of 
Directors  of  the  Stillwater  Public 
Library. 

389.  Charter — Ordinances,  Etc. — 
To  Make  Effective. — The  Council  shall 
pass  such  ordinances,  resolutions, 
regulations,  by-laws  and  orders  as 
may  be  necessary  to  carry  out  and 
make  effective  the  provisions  of  this 
charter. 

390.  Charter — State  Laws — City 
Powers. — This  charter  shall  not  be 


construed  as  depriving  the  City,  or 
its  various  Boards  of  any  power, 
privilege  or  authority  conferred  upon 
it  by  any  special  law  or  by  any 
general*  law  of  this  state,  except  in 
such  instances  as  are  specifically 
provided  for  in  this  charter. 

391.  Charter  Amendments. — ^The 
Board  of  Freeholders  may  propose 
amendments  to  this  charter,  and 
shall  do  so  upon  the  petition  of  five 
per  cent  of  the  voters  of  the  City, 
setting  forth  in  substance  the  amend¬ 
ment  desired.  Amendments  shall  be 
submitted  as  in  the  case  of  this 
charter,  and  the  proposal  shall  be 
published  for  at  least  thirty  days  in 
not  exceeding  three  newspapers  of 
general  circulation  in  the  City.  The 
form  of  ballot  and  mode  of  voting 
shall  be  similar  to  those  used  upon 
the  adoption  of  this  charter,  the 
general  nature  of  each  amendment 
being  briefly  indicated.  If  three- 
fifths  of  those  lawfully  voting  at 
each  election  shall  declare  in  favor 
of  any  amendment  so  proposed,  the 
same  shall  be  certified,  deposited 
and  recorded,  and  shall  take  effect 
as  in  the  case  of  this  charter;  pro¬ 
vided  that,  if  it  be  proposed  that 
any  amendment  shall  take  effect  at 
a  specified  time,  it  shall  take  effect 
as  proposed. 

392.  Charter  Amendments  — 
Alternative  Proposals. — In  submitting 
an  amendment  to  the  voters  any 
alternative  section  or  article  may  be 
presented  and  voted  on  separately, 
without  prejudice  to  other  articles 
or  sections  of  the  charter,  or-  any 
amendments  thereto. 

393.  When  Charter  Takes  Effect. 
— ^^Por  the  purpose  of  nominating 
and  electing  all  elective  officials  and 
exercising  the  powers  of  the  City  so 
provided  herein,  this  charter  shall 
take  effect  at  the  end  of  thirty  days 
from  the  date  of  its  adoption  by  the 
electors  of  the  City.  For  the  purpose 
of  appointing  City  Officials,  and  for 
establishing  departments,  and  offices, 
and  distributing  the  functions  there¬ 
of,  it  shall  take  effect  on  the  first 
Monday  of  January,  1916. 


We,  the  undersigned,  members  of 
the  Board,  of  Freeholders  of  the  City 
of  Stillwater,  Minnesota,  appointed 
by  Honorable  P.  H.  Stolberg,  Judge 
of  the  Nineteenth  Judicial  District 
of  Minnesota,  on  the  twenty-first  day 
of  April,  1915,  have  prepared,  and 
hereby  deliver  to  the  Mayor,  as  chief 
executive  of  said  City,  the  draft  of 


a  proposed  charter  for  the  City  of 
Stillwater,  Minnesota, 

Done  in  duplicate  in  the  City  of 
Stillwater,  this  twenty-eighth  day  of 
April,  A.  D.  1915, 

THE  BOARD  OF  FREEHOLDERS. 
By  S.  BLAIR  McBEATH, 

Chairman. 

WILLIAM  H.  BEAN, 

Secretary. 

JAMES  D.  BRONSON. 
GUST  JOHNSON. 

E.  E.  JOHNSON. 

JOHN  Q.  MACKINTOSH. 
EDWIN  D.  BUFFINGTON. 
BURTON  J.  MERRILL. 

C.  E.  MOSIER. 

OSCAR  OSTROM. 

M.  L.  MURPHY. 

O.  H.  OLSEN. 

ROBERT  SLAUGHTER. 
FRANK  T.  WILSON. 
FRANK  WITHROW. 


^  : 

;rv  ,  , 

i*:  /  > 


IK- 


x 


0 


^  ■' 


